Democratic slippage in Europe: the five EU governments accused of undermining the rule of law. How is Romania situated?
The governments of five member states of the European Union are undermining “constantly and intentionally” the rule of law, warns one of the most important European organizations for civil rights. Democratic standards are in decline in six other countries, including democracies that were until recently considered solid.
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Based on data collected from over 40 NGOs in 22 countries, the Civil Liberties Union for Europe (Liberties) categorized the governments of Bulgaria, Croatia, Hungary, Italy and Slovakia as “demolitionists”accusing them of actively weakening the rule of law, writes The Guardian.
The organization's 2026 report, published on Monday, shows that in Slovakia the rule of law has regressed in all areas – justice, the fight against corruption, press freedom and civil society control mechanisms – under the populist, authoritarian and pro-Moscow government of Robert Fico.
The situation is described as equally worrying in Bulgaria. In Hungary, where Viktor Orbán's 16-year rule could end after the April 12 election, the country “remains a special case”continuing to enact increasingly restrictive laws and policies with no sign of change.
Romania, a “stagnant” democracy
Liberties identifies Belgium, Denmark, France, Germany and Sweden – all with strong democratic traditions – as the right “in decline” (sliders), i.e. countries where the rule of law is deteriorating in certain areas, without this process being the result of a deliberate political strategy.
The Czech Republic, Estonia, Greece, Ireland, Lithuania, the Netherlands, Romania and Spain are classified as straight “stagnant”that is, states where the rule of law is not improving, but not deteriorating significantly, according to the 800-page report.
And Poland falls into this category. Prime Minister Donald Tusk is trying to restore key elements of the rule of law – such as the independence of the judiciary – damaged by the former Law and Justice (PiS) party government, but is blocked by presidential vetoes.
Poland's limited progress “shows how difficult and fragile the process of restoring the independence of compromised institutions can be”the report shows. The only country that received the qualification of “forceful student” is Latvia, where the government is making active efforts to improve standards of the rule of law.
Inefficient mechanisms
The report also shows that EU mechanisms aimed at combating the degradation of the rule of law are largely ineffective. Most member states fail to turn the recommendations into concrete measures, despite years of warnings from the European Commission.
Is Romania still a constitutional democracy?
Thus, 93% of the recommendations in the European Commission's report on the rule of law from 2025 are repetitions of older recommendations, many being taken over without changes. At the same time, the number of new recommendations has halved compared to 2024.
Out of 100 recommendations analyzed by Liberties, 61 did not make any progress, and another 13 even experienced regression. “The Commission's report was supposed to determine concrete actions”said Ilina Neshikj, the executive director of the organization.
After seven annual editions, the Liberties findings indicate “not just regression, but deliberate and continuous efforts to undermine the rule of law”. “Repeating recommendations without real action will not change the situation”she pointed out.
The report also criticizes the EU institutions, stating that in 2025 they not only “reflected many of the problems existing in the member states”, but also failed to consistently enforce and defend fundamental rights.
“They have normalized the use of expedited legislative procedures, reduced the protections of fundamental rights and waged a coordinated campaign against monitoring organizations”said Kersty McCourt, Liberties' Senior Advocacy Advisor.
In such situations, she added, the European institutions “undermine the credibility of the European Union and its own reports on the rule of law.”
Justice and civil societies, among the most affected
According to the report, the biggest deterioration in 2025 was registered in the field “check and balance mechanisms” of democracy – that is, in the ability of NGOs and civil society to organize, challenge decisions and hold governments to account.
More and more restrictive laws and severe penalties for participating in prohibited protests have been identified. For example, in Hungary, Pride events were banned and the organizers – including the mayor of Budapest – were put under official investigation.
In Italy, a highly restrictive security decree was passed, criminalizing road blockades and other forms of protest while strengthening law enforcement protections. In several member states, climate protesters or supporters of the Palestinian cause have faced bans and criminal sanctions.
And in the area of justice, progress is limited, according to Liberties, which signals “an emerging trend of political discourse increasingly critical or even hostile to the judiciary and human rights institutions.”
Also, no significant progress has been made in the anti-corruption fight either. In terms of press freedom, only a few states have made measurable improvements.
In contrast, attacks on journalists increased in Bulgaria, Croatia, Italy, the Netherlands and, notably, Slovakia.
