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How Has a Consensual Value such as the Rule of Law Developed Into a Major Bone of Contention in EU Governance

Europe (Central and Eastern)
Civil Society
Democracy
European Union
Institutions
Domestic Politics
Member States
Ramona Coman
Université Libre de Bruxelles
Ramona Coman
Université Libre de Bruxelles

Abstract

Embedded in the legal and philosophical traditions of a variety of countries, the rule of law generates easily international support on its fundamental role in a democratic society. In the European Union (EU), by enshrining the rule of law in the treaties, political elites sought to give meaning to its normative power in relation with the world and to strengthen its polity. However, since 2010s, this consensual value has become a bone of contention, opposing supranational institutions, experts, political and social actors. How has a principle that enjoys international support developed into a bone of contention in EU governance? When, how and why does the rule of law engender conflict at the EU level and how is the rule of law framed by those who stand for it? Scrutinizing recent debates on the rule of law in Hungary, Poland and Romania, the paper shows that, one the one hand, the governments of these countries do not recognise the European Commission as the centre of EU’s authority who pressure them into conformity, while, on the other hand, citizens take to the streets to give meaning to the rule of law, whose anchors are still fragile in these countries