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The politics of guarding the Treaties: Commission scrutiny of rule of law compliance

Carlos Closa (Institute for Public Goods and Policies)

Recent reforms implemented by right-wing governments in Poland and Hungary have threatened to unravel the separation of powers in their respective polities, conflicting with the principles of the rule of law enshrined in Article 2 of the Lisbon Treaty. The Lisbon Treaty, however, equips EU institutions with a mechanism to respond to such threats. The European Commission’s decision to trigger Article 7 proceedings in response to the rule of law crisis in Poland, but not in Hungary, has raised more than a few eyebrows among both policy-makers and academics. In his article “The politics of guarding the Treaties: Commission scrutiny of rule of law compliance” published in the Journal of European Public Policy, Carlos Closa argues the European Commission’s decision to initiate Article 7 proceedings is driven by strategic considerations. Carlos argues that absent cooperation from domestic authorities in the offending member state, the Commission anticipates the likelihood of lacking sufficient support among EU members to employ Article 7 sanctions, which would threaten to signal tacit acquiescence to offending authorities. Drawing on data from Commission documents and a series of interviews with key decision-makers, his findings indicate the limits to the Commission’s enforcement capacities, translating into the latter’s “preference for compliance through instruments that can actively engage offending governments rather than those which could lead to severe sanctions.”