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Erosion of the Rule of Law in Europe: A Growing Concern

3/30/2026, 10:36:59 PM

Overview of the Core Narrative

Recent reports indicate a significant decline in the rule of law across several European Union member states, with governments in Bulgaria, Croatia, Hungary, Italy, and Slovakia identified as actively undermining judicial independence and democratic standards.

Key Findings on Rule of Law Erosion

The Civil Liberties Union for Europe (Liberties) released a 2026 report highlighting that five EU countries are "consistently and intentionally" dismantling the rule of law. The report indicates that Bulgaria, Croatia, Hungary, Italy, and Slovakia have regressed in areas such as justice, anti-corruption, media freedom, and civil society checks. In Hungary, Prime Minister Viktor Orbán has been particularly noted for his systematic erosion of judicial independence over his 16 years in power, including the appointment of loyalist judges and suppression of dissenting NGOs.

Political Context and Implications

In Hungary, the upcoming general election on April 12 poses a potential challenge to Orbán's rule, yet the damage to judicial independence may have lasting effects. In Italy, Prime Minister Giorgia Meloni's government has engaged in a power struggle with the judiciary, including abolishing the crime of abuse of office and limiting wiretapping. Critics argue these moves are designed to weaken judicial power and independence.

In France, political attacks on the judiciary have become more common, with the magistrates' union warning of an "assault on the entire justice system." The situation is compounded by concerns over the independence of prosecutors, who are appointed by the justice ministry, and chronic underfunding of the judiciary.

Criticism and Opposition

Civil liberties groups have expressed alarm over the increasing political attacks on judicial independence across Europe. In Germany, the far-right Alternative for Germany (AfD) has blocked the reappointment of judicial officials, raising concerns about the manipulation of the judiciary. Observers have noted that even historically strong democracies are not immune to these pressures, with calls for urgent attention to the threats facing judicial independence.

Conflicting Reports & Gaps

While the report from Liberties paints a dire picture of the rule of law in Europe, it also highlights that countries like Belgium, Denmark, France, Germany, and Sweden are experiencing a decline in some areas without a coordinated political strategy. This nuanced view indicates that while some nations are actively dismantling judicial independence, others are facing challenges that may not be as overtly political.

Official Statements & Responses

Liberties' executive director, Ilina Neshikj, emphasized the need for concrete action, stating, "Repeating recommendations without meaningful follow-up will not reverse this." The report also criticized EU institutions for failing to consistently apply and defend fundamental rights, which undermines the credibility of the EU's rule of law reports.

What's Next

As the political landscape evolves, particularly with upcoming elections in Hungary and ongoing judicial reforms in Poland, the future of the rule of law in Europe remains uncertain. The challenges faced by governments attempting to restore judicial independence highlight the fragility of democratic institutions in the region.