Pluralism and Systemic Defiance in the European Union
András Jakab and Dimitry Kochenov (eds.), The Enforcement of EU Law and Values: Ensuring Member States' Compliance, Oxford: Oxford University Press, 2015 (Forthcoming).
25 Pages Posted: 15 Sep 2014
Date Written: September 12, 2014
The project of European integration has traditionally had its ups and downs. The years of success and progress are followed by the times of crisis. However, recently the crisis has travelled in the field where it was not very common before: it has affected the core values of the Union: democracy and the rule of law. According to the mainstream narrative, the EU has been witnessing constitutional back-sliding, illiberal turns, resurgence of authoritarianism, in short: systemic defiance in several of its Member States. This chapter sheds light on the systemic defiance from a pluralist perspective. It proceeds in four steps. First, it is explained what exactly is meant by pluralism here and what normative advantages are expected to flow from it. Secondly, a pluralist conception of the European Union is laid out. This enables us, thirdly, to examine what counts as systemic defiance in a pluralist constellation and what special challenges the latter poses to the identification and remedying mechanisms. By way of conclusion the chapter addresses the question to what extent pluralism is at all a viable theoretical framework for coping with the challenges of systemic defiance in the EU. It is argued that if Member States are truly committed to pluralism, this creates a virtuous circle in which their shared normative spirit of pluralism endogenously creates the environment conducive to a sound national constitutional development that naturally precludes the emergence of systemic defiance. In the absence of a genuine commitment to pluralism, the opposite will be true.
Keywords: European Union, Systemic Defiance, Crisis, Pluralism, Union, Democracy, Rule of Law, Values
Suggested Citation: Suggested Citation