What future for rule of law protection? Towards a more effective use of the EU’s toolbox under the vdL 2.0 Commission
Threats to the rule of law in the EU persist. Halting rule of law erosion in Poland has brought only temporary relief. Continued backsliding in Hungary and recent setbacks in Slovakia pose a threat to European integration and the EU’s legal order. Moreover, illiberal Eurosceptics are also on the rise in other countries, like Italy, Germany, France. Given the potential EU enlargement and the urgent reset of EU’s security and defence architecture, next to defending democracy, it is also crucial to continue strengthening the rule of law within the EU.
Faced by the above-mentioned dire developments, the first von der Leyen Commission (2019-2024) placed the rule of law in the spotlight, developing a rule of law toolbox consisting of monitoring and corrective tools. The second von der Leyen Commission (2024-2029) vowed to take this matter seriously, making the strategic decision to continue tackling rule of law erosion by applying financial pressure, in particular: the instruments for protecting the EU budget.
This Policy Brief looks at the future of rule of law protection under the vdL 2.0 Commission. It takes stock of the past failures and achievements, identifying paths towards a more effective use of the existing EU’s toolbox. It advocates for further development of financial conditionality, and making it a standard practice as well as building solid causal links between conditionality and the existing monitoring tools in order to avoid accusations of its arbitrary and politicised use. Consistency should become a guiding principle to foster the EU’s commitment to upholding the rule of law.
Read the full Policy Brief, "What future for rule of law protection?" here.
Maria Skóra is a Visiting Fellow at the European Policy Centre, as part of the 2024/5 re:constitution Programme.
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