[CER.eu] Democracy and the rule of law are often, wrongly, treated as synonymous. There are increasing tensions in Europe between what governments think their voters want them to do, and what the courts and EU institutions allow them to do. Commission President Ursula von der Leyen is right to say that threats to the rule of law challenge the functioning of the EU. Key EU policy areas such as the single market and law enforcement co-operation depend on respect for the rule of law throughout the Union.
These laws were established without the input of the people. Duh.
Respect for the rule of law is declining in many EU member-states, not just those in Central Europe. One of the most comprehensive international indices, the World Bank's Worldwide Governance Indicators, shows that from 2009-2018 the rule of law deteriorated in 17 EU member-states.
The EU has a number of tools for monitoring and responding to non-compliance with the rule of law, but they are inadequate. Monitoring is too narrowly focused on judicial independence and relies on data submitted by member-states. Responses to democratic backsliding are inconsistent. The so-called Article 7 procedure, which can lead to suspension of a member-state's voting rights, has proved unusable. Attempts to make the disbursement of some EU funds conditional on respect for the rule of law have met legal and political obstacles. |