ARTICLE 7 PROCESS AND DEMOCRATIC BACKSLIDING OF HUNGARY AND POLAND. DEMOCRACY AND THE RULE OF LAW

Viktor GLIED,Łukasz ZAMĘCKI

doi:10.24193/ojmne.2020.34.03

Viktor GLIED, Łukasz ZAMĘCKI

Open Access

https://doi.org/10.24193/ojmne.2020.34.03

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Abstract

This paper examines developments in Poland following the 2015 elections and in Hungary since 2010, which included the gradual destruction of democratic institutions, challenges to the rule of law, as well as to the system of checks and balances. The authors consider the Ziblatt–Levitsky model (2018) as a meaningful framework for the analysis of the way in which the power structure was reshaped and have based their research on the classification set out in this model. Our objective is to present the political changes that took place in the two Central-Eastern-European countries during the last decade that resulted in the process under Article 7 being used for the first time in the history of the EU. The paper conclusion is that the path of de-democratization of Hungary and Poland is seen from the perspective of the EU and Council of Europe, as similar one. In actions taken toward both countries, the EU concerns mostly the principle of the rule of law.

Highlights

Liberal democracy essentially represents a value choice based on the synthesis of classical liberal values and the principle of the rule of law
We propose to concentrate on differences as well as similarities in democratic backsliding there as discernible from the arguments of the EU and Council of Europe
Procedure under Article 7 of the EU Treaty Article 7 of the Treaty on European Union (TEU) sets out a procedure that authorizes the European Council to suspend certain rights of a member state, in case it is found to be in violation of the principles of democratic governance set out in Article 2

Summary

Introduction

Liberal democracy essentially represents a value choice based on the synthesis of classical liberal values and the principle of the rule of law. It is a legal technique, a framework, an attitude, an approach, and a political value as well (Dahlberg et al 2015). As democracy is fragile by its nature, it is always in danger of the development of authoritarian tendencies that can crystalize within the system Such a situation can arise as the result of a legitimate response to an economic and/or political crisis, which very quickly places question marks on certain elements of the rule of law. A shadow of doubt is cast over its claim to legitimacy

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