Hermann-Josef Blanke and Aimee Sander – Enforcing the Rule of Law in the EU: The Case of Poland and Hungary

Abstract

The Commission’s 2022 Report on the Rule of Law highlights serious concerns about the independence and impartiality of the judiciary, particularly in Poland and Hungary. The ongoing consolidation of illiberal democracies in these countries has led not only to a stagnation but also to an erosion of the fundamental principles of the rule of law. In Poland, the ruling PiS government’s judicial reforms have sparked controversy and pose a threat to the rule of law. Forced retirements, disciplinary proceedings and political appointments of judges have exposed the judiciary to legislative and governmental control. The decision of the Polish Constitutional Tribunal to declare EU primary law unconstitutional testifies to the Polish institutions’ departure from the common values ​​enshrined in Art. 2 TEU. The Union’s regular control and sanction mechanisms have proved inadequate in the face of this crisis.