Rule of law as Europe’s defining value
At a moment when Russia threatens to use force to prevent Ukraine from – among other things – joining the European Union, the top court in the EU has given another reason for countries to be in the bloc of 27 nations.
On Feb. 16, the European Court of Justice said the union’s executive arm “must be able to defend” values such as democratic rule of law – even if that requires withholding money from any member state. The ruling provides the first legal backing for the EU to use the stick of financial sanctions against errant member states.
The ruling was targeted at Poland and Hungary for their democratic backsliding in recent years. In Poland, the ruling Law and Justice party has undercut the independence of courts, while Hungary’s ruling Fidesz party has clamped down on news media, judges, and civil society.
Their drift toward authoritarian rule raises concerns that EU funds might be diverted to the cronies of each party. Since they joined the bloc in 2004, Hungary has received funds worth 5% of its gross domestic product while Poland has received 3%. In both countries, the EU maintains high popularity despite the actions of their leaders.
The high court decided that “sound financial management” of the EU budget could be compromised by an erosion of rule of law in a country. As former German Chancellor Angela Merkel often pointed out, rule of law is the defining component of the EU’s cohesion. It’s also an attractive quality for nonmember states along Russia’s borders to join the union.
