Binding the Guardian

On the European Commission’s failure to safeguard the rule of law

To counteract the rise of authoritarian rule in Europe, expressed in the growth of rule of law violations, the European Commission has taken on greater responsibilities in overseeing the respect for this fundamental norm. This welcome development, however, raises the following question: What does it mean for the ultimate guardian – a monolithic institution at the very top of the hierarchy of political responsibilities and unconstrained by the ropes of democratic accountability - to be itself bound by the rule of law? We answer this question by analysing the way the European Commission has addressed rule of law violations in France, Spain and Bulgaria in its 2020 and 2021 Rule of Law Reports.
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