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Thirteen Capitals Slide Backward As The Rule Of Law Review Stalls

Bratislava: The annual ritual is familiar by now. Each summer the European Commission publishes a country-by-country audit of judicial independence, media pluralism, anti-corruption defences and the checks that keep executive power in bounds. Each summer the recommendations land, are noted in capitals, and in too many places are quietly shelved. The preparatory work for the 2026 edition is already under way, with a targeted consultation that closed in January feeding fresh evidence into the assessment. Yet the mood among those who track the exercise is closer to fatigue than anticipation.

The reason is captured starkly in independent monitoring published this spring. Civil-society analysts who shadow the official cycle found stagnation to be the dominant trend, with very limited progress across the bloc and a sharp rise in the number of governments moving the wrong way. By their count the roster of member states experiencing regression jumped by almost half, from nine to thirteen, as safeguards designed to limit executive reach and underpin democratic accountability came under renewed strain. Slovakia and Bulgaria were singled out for decline across every dimension measured, while Hungary was described as continuing to legislate in an increasingly restrictive direction with no sign of reversal.

That verdict matters because the rule-of-law report was never meant to be merely descriptive. When the Commission built the annual cycle, the promise was that sustained scrutiny would create pressure, and that pressure would translate into reform. The recurring complaint now is that the loop never closes. Four years of recommendations have produced guidance in abundance and follow-through in short supply. Without a binding consequence attached to inaction, the argument goes, even a meticulous diagnosis risks becoming an elaborate filing exercise.

Defenders of the approach push back, and not without cause. The report has given national reformers, judges and journalists a common reference point, an externally validated account of where erosion is occurring that is harder for governments to dismiss as partisan noise. It feeds into the separate conditionality machinery that can freeze EU funds, and into the Article 7 proceedings that, however glacial, keep the most serious cases on the table. The instrument, on this reading, is a thermometer, not a cure, and blaming it for the fever misreads its purpose.

The deeper question is what the Union is prepared to do when the thermometer keeps climbing. Tying disbursements more tightly to rule-of-law performance is the lever with real bite, yet it is also the one capitals are most reluctant to pull, wary of the precedent and of the political backlash. The alternative, a reliance on naming and shaming, depends on a sense of shared standards that itself appears to be fraying.

For the coming report, the practical test is narrow but telling. Will the 2026 edition move beyond cataloguing problems toward sharper, time-bound recommendations that are harder to ignore, and will the Commission show willingness to escalate where they are? The evidence gathered this winter suggests the gap between recommendation and reform is widening rather than closing. Closing it will require not a better report but a credible answer to the governments that have learned they can read the criticism, absorb the headlines, and carry on regardless.