Illiberalism Within: Rule of Law Backsliding in the EU

Cambridge Yearbook of European Legal Studies, Forthcoming

39 Pages Posted: 28 Jul 2017 Last revised: 28 Aug 2017

See all articles by Laurent Pech

Laurent Pech

Middlesex University - School of Law

Kim Lane Scheppele

Program in Law and Public Affairs, Princeton University; Woodrow Wilson School of Public and International Affairs, Princeton University; University Center for Human Values, Princeton University

Date Written: August 23, 2017

Abstract

How should the European Union cope with Member States that no longer respect the basic values of the Union? This article reviews the cases of Hungary and Poland, showing the responses of the major European Union institutions to those two Member States as their governments removed checks on their power, eliminated the independence of judiciaries and failed to honour their European commitments. As the chapter demonstrates, the responses of EU institutions have so far been ineffective at bringing these Member States back into line with European values. We examine the various proposals that have been made to do better, concluding that there is some promise in some legal strategies that are available now but have yet to be tried.

Keywords: Rule of law, Democracy, European Union, Hungary, Poland

Suggested Citation

Pech, Laurent and Scheppele, Kim Lane, Illiberalism Within: Rule of Law Backsliding in the EU (August 23, 2017). Cambridge Yearbook of European Legal Studies, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3009280 or http://dx.doi.org/10.2139/ssrn.3009280

Laurent Pech (Contact Author)

Middlesex University - School of Law ( email )

The Burroughs
London, NW4 4BT
United Kingdom

Kim Lane Scheppele

Program in Law and Public Affairs, Princeton University ( email )

Wallace Hall
Princeton, NJ 08544
United States
609-258-6949 (Phone)
609-258-0922 (Fax)

Woodrow Wilson School of Public and International Affairs, Princeton University ( email )

Princeton University
Princeton, NJ 08544-1021
United States
609-258-6949 (Phone)
609-258-0922 (Fax)

University Center for Human Values, Princeton University ( email )

304 Louis Marx Hall
Princeton, NJ 08544
United States

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