A European Commission report on the rule of law across the EU has said that the establishment of the Judicial Council in Ireland (at the end of 2019) will help to further promote judicial independence here.

The report warns, however, that digitalisation and resources remain challenges to the justice system, with the number of judges below the EU average.

Accountability

The report is the first of its kind and focuses on four main areas: national justice systems; anti-corruption frameworks; media pluralism and freedom; and other institutional issues related to the checks and balances essential to an effective system of democratic governance.

The commission says that the Judicial Council’s Judicial Conduct Committee could improve the accountability of judges.

The report says that Ireland has carried out several reforms aiming at strengthening the fight against corruption, in particular through the Criminal Justice (Corruption Offences) Act of 2018.

But it adds that Ireland’s defamation laws raise concerns about the ability of the press to expose corruption. The Government has committed itself to a comprehensive review of the country’s anti-corruption framework.

Politicisation of media

Across the EU, the report finds that, although member states have high rule-of-law standards, there are concerns about judicial independence and the politicisation of the media in some countries.

It finds that while some EU members are carrying out reforms to strengthen judicial independence, concerns in some member states, particularly Poland and Hungary, have led to Article 7(1) proceedings for breaches of EU values.

While some countries have implemented anti-corruption strategies, the report warns that “the effectiveness of criminal investigations, prosecution and adjudication of corruption cases, including high-level corruption, is still a challenge in several member states”.

Corruption cases

The report lists Bulgaria, Croatia, Slovakia and Czechia as examples of countries with weaknesses in the pursuit of high-level corruption cases.

The report says EU citizens generally enjoy high standards of media freedom and pluralism, but it sees risks of politicisation of media authorities in countries such as Poland, Hungary and Malta, adding that journalists in some countries face threats and attacks in relation to their work.

A lack of media ownership transparency is reported as a concern in Bulgaria, Czechia and Cyprus.