Introduction 1

1. Introduction

Effective justice systems are essential for implementing EU law and for upholding the rule of law and the values upon which the EU is founded. National courts act as EU courts when applying EU law. It is national courts in the first place that ensure that the rights and obligations provided under EU law are enforced effectively (Article 19 of the Treaty on European Union (TEU)). Effective justice systems are also essential for mutual trust, the investment climate and the sustainability of long-term growth. For this reason, improving the efficiency, quality and independence of national justice systems continues to feature among the priorities of the European Semester – the EU’s annual cycle of economic policy coordination. The 2021 annual sustainable growth strategy (1), which sets out the economic and employment policy priorities for the EU, reiterates the link between effective justice systems and the business environment in Member States. Well-functioning and fully independent justice systems can have a positive impact on investment and therefore contribute to productivity and competitiveness. They are also important for ensuring effective cross-border enforcement of contracts and administrative decisions and dispute resolution, which are essential for the functioning of the single market (2). Against this background, the EU Justice Scoreboard presents an annual overview of indicators focusing on the essential parameters of effective justice systems: • efficiency; • quality; and • independence. The 2021 edition (the Scoreboard) further develops the indicators on all three elements, including on the digitalisation of justice, which has been of particular importance to keep the courts functioning during the COVID-19 pandemic as well as more generally to promote efficient and accessible justice systems (3).

– The European Rule of Law Mechanism –

As announced in the political guidelines of President von der Leyen, the Commission has established a comprehensive European Rule of Law Mechanism to deepen its monitoring of the situation in Member States. The Rule of Law Mechanism acts as a preventive tool, deepening dialogue and joint awareness of rule of law issues. At the centre of the new Mechanism is the annual Rule of Law Report, which provides a synthesis of significant developments – both positive and negative – in all Member States and the Union as a whole. The 2020 Rule of Law Report was published on 30 September 2020 and was based on a variety of sources, including the EU Justice Scoreboard (4). The 2021 EU Justice Scoreboard has been further developed also to reflect the needs for additional comparative information as observed during the preparation of the 2020 Rule of Law Report and with a view to supporting further the annual Rule of Law reports.

1 COM(2020) 575 final. 2 See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Identifying and addressing barriers to the Single Market’ COM(2020)93 and accompanying SWD(2020)54. 3 See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Digitalisation of justice in the European Union: A toolbox of opportunities’ COM(2020)710 and accompanying SWD(2020)540. 4 https://ec.europa.eu/info/publications/2020-rule-law-report-communication-and-country-chapters_en