Erosion of Rule of Law Across Europe Fuels Protests and Concerns
Across Europe, a growing trend of attacks on judicial independence and the erosion of the rule of law is sparking protests and raising alarm among civil liberties organizations. From France and Italy to Hungary and Slovakia, governments and far-right political movements are increasingly challenging the authority of the courts, leading to concerns about democratic backsliding and the potential for authoritarianism, The Guardian reported this week.
Political Interference in Judicial Processes
The targeting of judges and attempts to reform constitutional structures are at the heart of this escalating crisis. In France, Marine Le Pen, leader of the National Rally party, has repeatedly denounced court rulings against her as politically motivated, even labeling the judiciary a “tyranny.” Following a conviction for embezzlement, Le Pen claimed she was the victim of a “political assassination,” and the presiding judge subsequently received threats online, including the public sharing of their home address. This rhetoric, according to Liberties, a Europe-wide network of civil liberties NGOs, directly undermines public trust in the justice system, which is “the cornerstone of the rule of law.”
Similar accusations of politically motivated justice have emerged in other countries. Former French President Nicolas Sarkozy similarly condemned his five-year prison sentence for criminal conspiracy as a result of “hatred” and an attempt to “humiliate France.” Even the nation’s Justice Minister publicly visited Sarkozy while he was imprisoned, raising questions about the impartiality of the system. In Italy, Giorgia Meloni’s administration has been engaged in a sustained conflict with the judiciary since 2022, notably abolishing the crime of abuse of office and restricting the use of wiretapping, according to reports.
Systematic Dismantling of Checks and Balances
However, France and Italy are not isolated cases. A recent report by the Civil Liberties Union for Europe (Liberties) identified five EU member states – Bulgaria, Croatia, Hungary, Italy, and Slovakia – as actively “dismantling” the rule of law. The report, released on Monday, highlighted regressions in justice, anti-corruption measures, media freedom, and civil society oversight in these nations.
Slovakia, under the current populist government of Robert Fico, was singled out for particularly severe erosion of the rule of law across all sectors, including media freedom. Hungary, where Viktor Orbán has held power for 16 years, continues to pursue regressive policies, solidifying a pattern of democratic decline. According to Info Nasional, Orbán’s model of “illiberal democracy” involves systematically capturing the justice system through constitutional and legal maneuvers.
Broader Democratic Decline in Central and Southeast Europe
The concerning trend extends beyond these five countries. Balkan Insight reports that democracy is still in decline in Central and Southeast Europe, with governments increasingly restricting civic space and protest rights. Liberties also identified Belgium, Denmark, France, Germany, and Sweden as “sliders” – countries where the rule of law is gradually weakening in certain areas, though not yet as a result of a deliberate political strategy.
Threats to Civic Space and Freedom of Assembly
The shrinking space for civil society organizations and the suppression of peaceful protests are key indicators of this democratic decline. Liberties’ 2025 report revealed a growing number of restrictions on freedom of assembly and expression across Europe. These restrictions range from overly broad laws criminalizing protest activities to the use of excessive force by law enforcement against peaceful demonstrators. This is compounded by digital threats and harassment targeting activists and journalists, forcing many to leave their countries for safety.
EU Response and Future Outlook
The escalating crisis has prompted calls for stronger action from the European Union to protect the rule of law. However, the EU’s ability to effectively address the issue is hampered by internal divisions and the reluctance of some member states to challenge the actions of their peers. The Mirovni inštitut, a Slovenian peace institute, recently reported a “deepening crisis” and a “lack of progress” in upholding the rule of law within the EU, despite repeated warnings from the European Parliament and civil society organizations. As the far-right continues to gain ground in several European countries, the future of the rule of law remains uncertain. Recent protests across the globe, as reported by Counterfire, demonstrate the increasing public concern over these issues, suggesting a growing demand for accountability and protection of democratic values.
