Democracy under the radar: Germany becomes a decliner in the rule of law
Street sign in Burgdorf (Lower Saxony) with the inscription “Democracy in danger”.
(Bild: Nitpicker / Shutterstock.com)
Spyware vs. journalists, blocked information requests, and state loyalty tests: A report by Liberties EU shows how the rule of law is crumbling.
The new rule of law report by the Civil Liberties Union for Europe (Liberties) paints a grim picture for 2025: In large parts of the EU, fundamental democratic values are stagnating or declining. Experts also assess the development in Germany, which is considered a “slider” (decliner) for the first time in the analysis published on Monday, as worrying.
This means that democratic standards are falling, without this necessarily being part of a declared political strategy. However, it is precisely this gradual erosion that can pave the way for systemic attacks on democracy.
One point of criticism in the analysis, to which the Society for Freedom Rights (GFF) contributed, is the use of surveillance software against media professionals and civil society in Germany. In January 2025, it became known that users of the WhatsApp platform in a total of 13 EU member states – including Germany – were targets of attacks with Paragon spyware (Graphite) [1]. For the GFF, this underscores the fragile state of source protection.
Furthermore, according to the report [2], the powers for the use of state trojans for security authorities are constantly being expanded [3]. If national security interests are increasingly used to justify the expansion of state surveillance powers, this has a deterrent effect on the investigative work of media representatives. Ultimately, it violates the privacy of all citizens by opening and exploiting security vulnerabilities.
Surveillance and blocked information flow
The authors also document setbacks in access to information. Authorities repeatedly deny requests based on freedom of information laws, which weakens the press's control function. Furthermore, the authors register increasing polarization, which is also directed against the judiciary. Targeted campaigns against legal personnel undermine public confidence in the independence of the courts.
In the area of mutual control of state powers, the so-called checks and balances, the observers even assess the situation in Germany as regressive. They view the plans to tighten loyalty checks for public servants critically. For example, individual federal states such as Hamburg intend to introduce standard checks with the Office for the Protection of the Constitution before hiring civil servants. Trade unions and civil rights activists draw parallels to the “Radical Decree” of the 1970s and warn of preventive surveillance and ideological loyalty tests that could disproportionately restrict fundamental rights.
Criticism of the EU too
The report makes it clear that the rule of law is not a given, even in Germany. While the situation in countries like Hungary or Slovakia is even worse. Liberties counts these, along with Bulgaria, Croatia, and Italy, among states whose governments are deliberately weakening democratic control mechanisms and institutions. However, the lack of implementation of recommendations from the EU Commission leads to a dangerous gap between claim and reality in many member states.
To reverse this trend, Liberties calls for more consistent use of the EU's rule of law toolkit [4]. Corresponding indications must be linked to clear targets and financial consequences in order to permanently guarantee the protection of human rights defenders and journalists from state arbitrariness and surveillance.
[5](mma [6])
Don't miss any news – follow us on Facebook [7], LinkedIn [8] or Mastodon [9].
This article was originally published in German [10]. It was translated with technical assistance and editorially reviewed before publication.
URL dieses Artikels:
https://www.heise.de/-11240664
Links in diesem Artikel:
[1] https://www.heise.de/news/WhatsApp-Spyware-Angriff-auf-rund-90-Journalisten-und-weitere-Personen-10266772.html?from-en=1
[2] https://www.liberties.eu/en/stories/rolreport-2026/45615
[3] https://www.heise.de/news/Bundestag-Polizei-darf-mit-Staatstrojanern-Geldautomatensprenger-jagen-11068749.html?from-en=1
[4] https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/upholding-rule-law/rule-law_de
[5] https://www.heise.de/newsletter/anmeldung.html?id=ki-update&wt_mc=intern.red.ho.ho_nl_ki.ho.markenbanner.markenbanner
[6] mailto:mma@heise.de
[7] https://www.facebook.com/heiseonlineEnglish
[8] https://www.linkedin.com/company/104691972
[9] https://social.heise.de/@heiseonlineenglish
[10] https://www.heise.de/news/Demokratie-unterm-Radar-Deutschland-wird-zum-Absteiger-beim-Rechtsstaat-11240589.html
Copyright © 2026 Heise Medien