Should the European Union Protect Liberal Democracy in its Member States?

Should the European Union (EU) intervene to protect liberal democracy in member states? And, if so, what type of policy should it adopt? The literature in EU-studies focuses on empirical dimensions of this problem, such as the degree of backsliding, effectiveness of existing procedures, and support of political agents within these procedures. Our paper will evaluate the legitimacy of different policy alternatives from a practice-dependent perspective. It contributes a novel, normative perspective grounded in reality. As such it also is a bridge between empirical research and an emerging normative literature on the EU’s right to intervene in cases of democratic backsliding. Our study departs from the premise that collective rule should reflect the beliefs of the subjects living under it. Normative principles should thus not be wrested from the context they are seeking to guide, they should, rather, be developed through an engagement with it. As such, the relation between action-guiding principles and the political or social realm they are seeking to guide is not just a question of implementation, but rather a question of justification. We adopt a practice-dependent method to gauge the normative desirability of policy alternatives. In the first stage, we built on insights about the EU’s legitimacy. We submit that a widespread commitment to liberal democratic values has to be balanced with a commitment to national autonomy that exists in the EU-polity. This commitment implies that the EU should intervene to remain legitimate. Are there policy proposals that meet or at least balance these normative criteria? In the second stage, we assess thus proposals on meeting normative criteria as well as practical feasibility. A policy might meet certain values however if it is unfeasible than the political order will not remain legitimate. For our feasibility assessment, we rely upon evidence from history and social sciences. We conclude that a policy mix that combines direct support for societal actors as well as intergovernmental deliberation best meet normative criteria. A credible threat to meet these criteria is expulsion. From the perspective of regime legitimacy, the EU should pursue such a ‘transnational policy’ on democratic backsliding.