Democratic backsliding and the rule of law in the European Union

The principles of democracy and the rule of law form the bedrock of European Union’s legal and political unity. However, this bedrock is currently under considerable pressure. We are witnessing a wave of illiberal and antidemocratic tendencies in EU member states that exposes vulnerabilities within the Union at a time when interstate conflict has returned to the European continent and the need for unity and coherence is paramount. Against this backdrop, the decline of democratic norms and the rule of law by EU member state governments can undermine the EU’s internal cohesion, destabilize its normative structure, and compromise its regional and global standing. Democratic and rule of law backsliding in the EU is principally discussed with reference to developments in Hungary and Poland. As well as both being subject to Article 7 procedures, these states are in open conflict with EU institutions on issues such as undermining judicial independence and exerting partisan control over the media. These developments not only challenge the democratic fabric of their societies but also pose a threat to the EU’s fundamental values and European legal and political cooperation. Despite some recent headway, European actors and procedures have proven largely ineffective in stemming the tide of such authoritarian currents. This section seeks to probe the intertwining dynamics of democratic and rule of law backsliding and the operational dynamics of the European Union. How do escalating tensions around the respect for fundamental values affect the collective respect for EU law? Could these disagreements compromise the authority of the Commission and the Court of Justice? How does the involvement of governments in conflict with EU institutions for democratic and rule of law backsliding in the Council and European Council affect the operation of these institutions? What is the role and potential of the European Parliament to act as an effective check on executive overreach in EU member states? We welcome full panels as well as individual papers addressing three major themes: 1) Understanding present-day challenges to democracy and rule of law in the EU, from empirical, theoretical or normative perspectives; 2) The impact of democratic and rule of law backsliding and subversion on EU internal and external cooperation; 3) The responses of different European actors to the violations of democracy and the rule of law, and the ways in which these responses can potentially shape the future trajectory of the Union.