How is it then that two EU governments venture to prolong the anguish of some half a billion Europeans, harming their own populations, by refusing to subject themselves to rule-of-law requirements? This cannot be dismissed as the position of two unhinged autocrats, since their veto has significant popular support in these countries, including 57 per cent approval in Poland. [...]
This has been evident in several instances—from lack of concern with the Silvio Berlusconi media monopoly in Italy to France’s semi-permanent state of emergency, Malta’s and Slovakia’s complacency with political murder and the Spanish government’s response to the 2017 independence referendum in Catalonia. Often, the EU is content with narrowly reducing the remit of the rule of law to a simple matter of legality—ignoring routine violations of core values, such as the right to peaceful assembly, freedom of speech or even the right to liberty and life itself.
Has the EU not thereby set itself up for the current crisis, supplying the ammunition for autocrats to try to absolve themselves from compliance with the rule of law? In turning a blind eye, the European Commission has harmed the union’s very normative foundation, endorsing the blatant abuse of power by the leaders of several of its member states.
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