Low Legal Status but High Legal Relevance? : A Study of the Significance of the Annual EU Rule of Law Report

Despite the rule of law being one of the founding values and objectives of the European Union, some of the Member States have disrespected the rule of law. In response, the European Commission has invented new tools to reinforce the rule of law. The newest tool is the Rule of Law Report, and the purpose of this thesis is to study the Report’s significance in ensuring respect for the rule of law in the EU. To do so a combination of legal methods and a range of sources, such as EU primary law, case-law, EU documents and doctrine, have been used. The Report is issued annually, so far it has been published in three editions stretching from 2020 to 2022. The Report builds on a general part and 27 country chapters assessing the rule of law situation in each Member State. From the 2022 Report onwards, the Report is also accompanied with recommendations to each Member State. The Report is to be considered soft law. It is non-binding and can, hence, not be subject to judicial review by the European Court of Justice, but it imposes a moral obligation on the institutions addressed. Mainly on the Member States, but also on the Council, the European Parliament, and other bodies of the EU. It is descriptive, interpretative and has a connection to hard law but can only be enforced by soft enforcement. Furthermore, the Report does not explicitly mention a legal basis, but the Commission appears to have the conferred powers to adopt the act. Moreover, the Report have had practical effects at national and EU-level, and it has potential to have even more effects. It urges national rule of law reforms and causes debate in the institutions and national parliaments about the rule of law situation. It could be subject to interpretation in the ECJ and in national courts and it could serve as a source to activate other hard tools in the rule of law toolbox. Despite being criticised, the Report has significance in ensuring respect for the rule of law in the EU. It might have a low legal status, but it has legal relevance, and it has the potential to have even higher legal relevance in the future