2. EU Instruments & the Rule of Law

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EU instruments defending the rule of law within the EU

Work package 2 (WP2) will examine how endogenous EU legal and governance instruments dedicated to the protection of democratic norms are in reaction to breaches in democratic practices and the rule of law by Member States. It will explore how mounting dissensus surrounding liberal democracy has shaped the social and political legitimacy of the EU’s rule of law governance instruments.

Empirical focus

WP2 will focus on analysing the ‘EU Rule of Law Toolbox’. This includes instruments such as the new European Rule of Law Mechanism, the EU Justice Scoreboard, the infringement procedures and Article 7 of the Treaty on European Union as well as the new Regulation 2020/2091 on the general regime of conditionality protecting the EU budget. These EU instruments were designed and mobilised in a context of increased politicisation and crises, most recently the COVID-19 pandemic. They have found themselves in the frontline in terms of facing the challenges that have emerged from the growing dissensus. In their search for legitimising narratives and increased efficacy, EU institutions have revolved around different ‘mantras,’ ranging from ‘European identity’ to ‘European way of life’ by way of common heritage and values. 

Core tasks

The purpose of WP2 will be, to trace current and possible incoming ‘mantras’ and to assess to what extent they bridge the gap, which is fuelling the mounting dissensus surrounding liberal democracy, between institutional discourses and citizens’ perceptions. This will be implemented via: 

  • Assessing the compatibility of existing EU law and practices with wider rule of law and democratic principles Leader: Milieu Consulting
  • Compiling a database on parliamentary debates (European & National) surrounding the EU Rule of Law Toolbox Leader: ULB
  • Analysing the EU Rule of Law Toolbox and the changes wrought by both the COVID-19 crisis and the authoritarian squeeze Leader: LUISS

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Co-funded by the European Union

This project receives funding from the European Union’s Horizon Europe research and innovation programme under the Call HORIZON-CL2-2021-DEMOCRACY-01 – Grant agreement n°101061621

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