Scholarly Activism for the Rule of Law in the EU

Abstract

The engagement, or even activism, of scholars promoting the rule of law has been celebrated recently in the European Union (EU). But how often do we reflect on its risks? This self- reflection paper focuses on three cautionary tales of the mobilization of legal scholars for the rule of law in the EU. As scholars, our political or public engagement risks reinforcing the center-periphery dynamics of European legal expertise, if carried out without involving the affected communities. Further, it risks reinforcing the critiques of judicial activism, if it focuses on the institutional independence of the courts rather than the substance of their rulings. Finally, it even risks reinforcing illiberal narratives more generally, if the scholarly interventions do not manage the difficult task of legitimizing the proposed liberal solutions. This does not mean that scholars should refrain from social activism. This reflection is rather meant to reinforce the professional ethics and moral awareness of academics when mobilizing against illiberal reforms and narratives.