Rule of Law beyond the EU Member States 2025: Assessing the Union’s Performance 2025

The rule of law remains a cornerstone of the European Union, essential for the proper
functioning of both Member States and EU institutions. While progress has been made in
areas such as mutual trust and media freedom, significant challenges persist, particularly
in access to justice, migration management, and enforcement of rule of law obligations.
While examination of the rule of law dimension of the Internal market is to be welcomed
in the European Commission’s Annual Rule of Law Report, it nevertheless faces important
geopolitical challenges at EU level in the field of EU digital policy, undermining effective
enforcement of the EU own legislation. Inconsistent judicial protection, and shortcomings
in ensuring civil society engagement continue to undermine transparency, accountability,
and democratic oversight. External migration policies and Frontex operations reveal gaps
between EU legal commitments to human rights and the rule of law and practice, while
digital rule enforcement risks the politicisation and erosion of regulatory independence.
Strengthening oversight of legal standards, ensuring consistent application of legal
standards, and protecting media freedom and civil society are essential to uphold the EU’s
credibility and effectively defend its foundational values. By addressing deficiencies, the
EU can become a stronger rule of law actor capable of defending EU values throughout the
EU and its Member States.