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The Commission's Approach to Rule of Law Backsliding: Managing Instead of Enforcing Democratic Values?

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  • Sonja Priebus

Abstract

In response to noncompliance with the EU's fundamental values such as democracy and the rule of law in Hungary and Poland, the EU Commission has established the Justice Scoreboard, the Rule of Law Framework and the Rule of Law Mechanism. Moreover, the Commission has proposed linking the disbursement of funds to respect for the rule of law (Rule of Law conditionality). However, the deployment of these measures has not restored compliance. Drawing on the two dominant approaches in compliance studies, the management approach and the enforcement approach, this paper argues that with the exception of Rule of Law conditionality, the Commission's tools are characterized by a mismatch between the causes of the problems identified and the solutions chosen. Instead of sanctioning voluntary noncompliance, they rely on soft measures, which are recommended in cases of involuntary noncompliance, but which are not suitable in cases of deliberate noncompliance.

Suggested Citation

  • Sonja Priebus, 2022. "The Commission's Approach to Rule of Law Backsliding: Managing Instead of Enforcing Democratic Values?," Journal of Common Market Studies, Wiley Blackwell, vol. 60(6), pages 1684-1700, November.
    • Handle: RePEc:bla:jcmkts:v:60:y:2022:i:6:p:1684-1700
    DOI: 10.1111/jcms.13341
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    References listed on IDEAS

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    Cited by:

    1. Winzen, Thomas, 2022. "Democratic Backsliding and Decisionmaking in the European Union: Eurosceptic Contestation?," Institute on Global Conflict and Cooperation, Working Paper Series qt6gs0r9wn, Institute on Global Conflict and Cooperation, University of California.
    2. Cottiero, Christina & Hafner-Burton, Emily & Haggard, Stephan & Prather, Lauren & Schneider, Christina J, 2024. "Illiberal Regimes and International Organizations," Institute on Global Conflict and Cooperation, Working Paper Series qt2bx6b98g, Institute on Global Conflict and Cooperation, University of California.
    3. Alvaro Oleart & Tom Theuns, 2023. "‘Democracy without Politics’ in the European Commission's Response to Democratic Backsliding: From Technocratic Legalism to Democratic Pluralism," Journal of Common Market Studies, Wiley Blackwell, vol. 61(4), pages 882-899, July.

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