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Fundamental Change Beneath the Surface: The Supranationalisation of Rule of Law Protection in the European Union

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  • Sonja Priebus
  • Lisa H. Anders

Abstract

Whereas most studies on the European Union's (EU) responses to the rule of law crisis stress the underenforcement of EU law, this article offers a different perspective. Focusing on the long‐term dynamics concerning rule of law protection, we detect a gradual trend towards supranationalism. The Rule of Law Conditionality mechanism adopted in 2020 is the first instance of ‘effective supranationalism’, that is, a rule of law tool that combines supranational decision‐making procedures with binding and enforceable consequences. To explain this development in an area that has been marked by considerable resistance to efforts to strengthen supranational oversight, we draw on the agent‐centric historical institutionalist approach. Our qualitative study shows that supranationalisation has become possible through two interrelated factors: the joint strategies of community bodies, which have promoted competence transfer to the EU level, and the increasing marginalisation of sovereigntist positions within the Council, given the escalating conflicts with Hungary and Poland.

Suggested Citation

  • Sonja Priebus & Lisa H. Anders, 2024. "Fundamental Change Beneath the Surface: The Supranationalisation of Rule of Law Protection in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 62(1), pages 224-241, January.
    • Handle: RePEc:bla:jcmkts:v:62:y:2024:i:1:p:224-241
    DOI: 10.1111/jcms.13489
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    References listed on IDEAS

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    1. Peter Oliver & Justine Stefanelli, 2016. "Strengthening the Rule of Law in the EU: The Council's Inaction," Journal of Common Market Studies, Wiley Blackwell, vol. 54(5), pages 1075-1084, September.
    2. Peter John Oliver & Justine Stefanelli, 2016. "Strengthening the Rule of Law in the EU: The Council's Inaction," ULB Institutional Repository 2013/236622, ULB -- Universite Libre de Bruxelles.
    3. Dimitry Kochenov & Laurent Pech, 2016. "Better Late than Never? On the European Commission's Rule of Law Framework and its First Activation," Journal of Common Market Studies, Wiley Blackwell, vol. 54(5), pages 1062-1074, September.
    4. 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.
    5. Michael Merlingen & Cas Mudde & Ulrich Sedelmeier, 2001. "The Right and the Righteous? European Norms, Domestic Politics and the Sanctions Against Austria," Journal of Common Market Studies, Wiley Blackwell, vol. 39(1), pages 59-77, March.
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