July 5 @ 09:30 - 11:00 Wroclaw (CEST)
When the backsliding becomes a breakdown – explaining resistance to the European rule of law standards
Deliberate dismantling of the rule of law standards in EU member states has provoked reactions from European institutions over the years. Notably, the European Court of Human Rights and the EU Court of Justice have clarified European law standards, especially on judicial independence and the principle of an independent court established by law. These developments were met with vehement opposition of the backsliding member states‘ governments that escalated the crisis with political and judicial means. The first part of this panel dissects the rule of law breakdown mechanisms: abusive constitutional borrowings, abusive comparativism, and abusing constitutional identity. Against this background, the second part analyses the European institutions‘ responses: further development of case law to the “rescue“ of the rule of law, conditionality regulation, and conceptualizing other elements of democratic backsliding as part of the rule of law breakdown.