How to Develop the EU Justice Scoreboard into a Rule of Law Index: Using an Existing Tool in the EU Rule of Law Crisis in a More Efficient Way

András Jakab,Lando Kirchmair

doi:10.1017/glj.2021.46

András Jakab, Lando Kirchmair

Open Access

https://doi.org/10.1017/glj.2021.46

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Abstract

AbstractIn this Article we argue that rule of law indices are a powerful tool to detect ills in the rule of law of EU Member States. In order to explain how to improve the indices’ potential, we give a critical overview of the methodological issues of the four rule of law indices which we consider particularly instructive for our purpose. These are the indices provided by the Freedom House (“Freedom in the World,” FIW), the Bertelsmann Stiftung (“Bertelsmann Transformation Index,” BTI), the World Bank (“Worldwide Governance Indicators,” WGI), and the World Justice Project (“Rule of Law Index,” WJP RLI). After analyzing the strengths and weaknesses of these indices, we turn to the EU Justice Scoreboard (EUJS). While the introduction of the EUJS in 2013 has already been an important step in order to lay the ground for an EU-wide analysis, in this Article we suggest how the EUJS should be further developed into a proper rule of law index by aggregating expert opinions into a single number. This would make the EUJS a significantly more useful tool in the ongoing EU rule of law crisis.

Highlights

András Jakab1,* and Lando Kirchmair2. In this Article we argue that rule of law indices are a powerful tool to detect ills in the rule of law of EU Member States
In this Article we argue that rule of law indices, if well designed,7 can be a powerful tool to detect ills in the rule of law of Member States
Since 2020, the EU Justice Scoreboard (EUJS) informs the Annual Rule of Law Report to be presented by the European Commission.9. In this Article, we suggest how the EUJS should be further developed into a proper rule of law index because this would make the EUJS a considerably more useful tool in the EU rule of law crisis

Summary

Methodological Steps

In this part we present the methodological questions based on the legal literature and on the OECD Handbook on Constructing Composite Indicators (2008). The main rule is that the design of the index must be transparent, and the methodological choices must be grounded, otherwise the indices are likely to serve pre-established policies.. In this part we present the methodological questions based on the legal literature and on the OECD Handbook on Constructing Composite Indicators (2008).. Other legal academics, linked to an underscoring system, used to emphasize the methodological shortcomings of the indices, e.g., Bénédicte Fauvarque-Cosson & Anne-Julie Kerhuel, Is Law an Economic Contest? “influence of an indicator derives from the fact that it is used by policymakers: otherwise, indicators would remain as a footnote in scholarly journals, with no influence in real life.” While he suggests that indices “may be transformed into sites of contestation of the definition of what it means to adhere to the rule of law,” we rather suggest that due to their political implications it is of utmost important to use transparent and rigorous methodology They would lose most of their appeal.” Yet Uruena states that “it would be silly to attempt to” prevent the numbers produced by indices “from being used politically.” To the contrary, “influence of an indicator derives from the fact that it is used by policymakers: otherwise, indicators would remain as a footnote in scholarly journals, with no influence in real life.” while he suggests that indices “may be transformed into sites of contestation of the definition of what it means to adhere to the rule of law,” we rather suggest that due to their political implications it is of utmost important to use transparent and rigorous methodology

Conceptualization

Selecting Data

The EUJS as it Stands

The Steps Necessary to Improve the EUJS

By Way of Conclusion