Is the EU’s rule of law crisis a byproduct of dissensus and disunion?

2024/08/17 by Tommaso Pavone · 1 voice · 1 citation
Social Sciences · #European and International Law Studies #European Union Policy and Governance #European Criminal Justice and Data Protection

paper · doi:10.1080/07036337.2024.2391185

openalex publication_date 2024/08/17 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/15

Abstract

Is the EU’s rule of law crisis [ROLC] indicative of a deepening ‘disunion’ sparked by the rise of illiberal ideas? I sound a skeptical note, suggesting that disunion arguments exaggerate dissensus, overstate the role of ideology, and do not capture key events and political interactions shaping the crisis. Specifically, disunion arguments cannot explain the emergence of a pro-ROL consensus in the European Parliament, neglect member states repeatedly articulating and committing themselves to fundamental liberal values, understate the ideological opportunism and about-faces of self-styled ‘illiberals,’ and overstate dubious evidence of public support for illiberal ideas and backlash to EU enforcement. The evidence is more consistent with new intergovernmentalist claims that member governments across the ideological spectrum are willing to sacrifice the ROL to safeguard consensus in the European Council, and that the Commission retreats from its role as ‘guardian of the Treaties’ absent intergovernmental support.

Citations

• A Postfunctionalist Theory of European Integration: From Permissive Consensus to Constraining Dissensus
• Where Have the Guardians Gone? Law Enforcement and the Politics of Supranational Forbearance in the European Union

Cited by

• Democratic frontsliding in the European Union: the problem of autocratic enclaves and the case for restorative disobedience

Discussions

• 𝗡𝗲𝘄 𝗮𝗿𝘁𝗶𝗰𝗹𝗲! Is the EU’s rule of law crisis indicative of a deepening dissensus & disunion sparked by the rise of illiberal ideas? In the Journal of European Integration, I sound a skeptical [bsky, 4 points, 0 comments]

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