Spain's conviction of its sitting Attorney General last year marked the first time such an event occurred in the country's democratic history. According to the civic platform X-Net, the case was not an isolated scandal but a symptom of the enduring politicisation of Spain’s judiciary, which was not reversed through the renewal of the General Council of the Judiciary in 2024.

Across Europe, similar patterns of political influence and inertia eroded confidence in the courts. Liberties' 2026 Rule of Law Report exposes how governments across Europe receive clear recommendations to fix their courts yet consistently fail to act, which leaves judicial independence, funding, and access to justice increasingly precarious.

The report evaluates the European Commission's justice recommendations across 22 European Union (EU) countries, alongside clear gaps and new developments that emerged in 2025. Only Latvia and Lithuania demonstrate meaningful progress. 13 others register no advancement whatsoever. Seven countries show outright regression: Belgium, Bulgaria, Denmark, Estonia, Ireland, Slovakia, and Spain. 

Judicial Structures Remain Susceptible to Political Influence

The recommendations focus on who controls court appointments and prosecutorial independence, issues that determine whether politics can shape judicial outcomes.

Twelve recommendations address judicial independence and transparency in Bulgaria, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Spain, and Sweden. Three more target prosecutorial autonomy in Poland, Romania, and Spain, exposing structural weaknesses that allow political influence to persist.

Spain’s conviction of its Attorney General in a politically charged case raises questions about whether top prosecutors can resist partisan control. Slovakia’s Justice Minister disciplined a judge for ruling against government interests, while in Bulgaria, smear campaigns have targeted the Supreme Court president as the judicial council continues operating on expired mandates.

Political rhetoric reinforces these pressures by undermining judicial legitimacy. Hungary’s Supreme Court president criticised judges who opposed government reforms, and France recorded a rise in death threats against magistrates amid debates over prosecutorial oversight. Such climates encourage caution in politically sensitive cases, even without direct coercion.

Court Victories Frequently Fail to Produce Real Change

Equally concerning is the uneven enforcement of court rulings, which the Commission addresses selectively. Reports show that by early 2025, the European Court of Human Rights (ECtHR) identified 650 leading judgments still awaiting implementation across EU Member States, an increase from previous years with average delays exceeding five years .

Bulgaria, Hungary, Italy, Poland, and Romania have the weakest records, while ten countries including Belgium and Greece have cases pending up to two decades. The Court of Justice of the European Union (CJEU) shows similar stagnation: over one-third of 382 rule-of-law judgments remain unimplemented, most delayed beyond two years. Hungary’s refusal to reform its asylum procedures after a 2020 ruling brought a €200 million fine with daily penalties.

Non-implementation is most common in politically sensitive areas such as migration, minority rights, and disputes over institutional powers. Governments frequently pay compensation while postponing legislative or structural change. Because the same ministries litigate and implement cases, coordination mechanisms remain weak, and the Commission’s inconsistent approach leaves significant gaps in oversight.

Chronic Underfunding Exacerbates Systemic Weaknesses

Fiscal constraints intensify institutional fragility. Belgium spends only 0.22% of GDP on justice, below the EU average of 0.31%, contributing to judge shortages, delayed cases, and ECtHR violations over detention and asylum. Germany has advanced little on recruitment despite repeated warnings. Estonia’s multi-year budget cuts have closed court facilities, while France allocates just 2% of state spending to justice, leaving half the judges and a quarter of the prosecutors of comparable states. Romania endures 15% judicial vacancies because hiring competitions remain blocked.

These shortfalls hit vulnerable groups hardest. Estonia replaced first-time legal aid with chatbots, Malta tightened eligibility, and the Netherlands reduced social legal assistance. Romania’s delays and last-minute panel changes have eroded trust, and Denmark’s legal aid review coincides with longer periods of pre-trial detention. Italy still struggles with prison overcrowding, and Ireland is weighing limits on judicial review for major infrastructure projects.

Vulnerabilities Span Established Democracies

These problems now reach beyond countries with longstanding rule-of-law disputes. Denmark faces mounting court delays and growing surveillance powers. Sweden’s fast-track criminal and migration legislation reduced procedural protections. Croatia increasingly tolerates WWII-era fascist symbols despite Constitutional Court rulings. The Netherlands faces repeated prosecutorial technology failures and detention concerns, while Greece reports declining trust linked to perceived political influence.

Liberties also highlights omissions in the Commission’s analysis: Slovakia’s risk of pro-government majorities in judicial councils, Poland’s fragile disciplinary systems for judges, Germany’s allowance for ministerial instructions to prosecutors, and Bulgaria’s failure to probe judicial corruption. Civil society assessments reveal structural threats that official reports understate.

Essential Reforms for the EU

Liberties urges stronger EU action to restore judicial independence. Priorities include safeguarding self-governance in appointments and administration, setting resource and staffing benchmarks, and improving transparency in case allocation. The Commission should systematically track implementation across both ECtHR and CJEU rulings, launch infringement proceedings against chronic violators, and link EU funding to measurable progress in judicial access and efficiency.

Trend Analyses

Report: Deepening Rule of Law Crisis in the EU Exposes Shortcomings of Commission Action

Standing Still: EU Anti-Corruption Efforts Stall in 2025

Civic Space and Protest Rights under Threat in 2025

EU Violations: When the Standard Bearer Starts to Slide

Resources

Download the full Liberties Rule of Law Report 2026

Previous rule of law reports: 2025 2024 2023 2022 2021 2020

Press Release: EU Rule of Law Erodes Further as Commission Struggles to Respond