Turning assertive? EU rule of law enforcement in the aftermath of the war in Ukraine

Abstract

When dealing with EU’s rule of law (RoL)-related issues, the Commission has often adopted a forbearance approach and the actions taken have crystallised in soft enforcement mechanisms directed at Poland. However, the use of the Conditionality Regulation as an enforcement instrument in 2022 in relation to (lack of) RoL compliance signalled a change into an assertive approach towards Hungary. Why so? This paper argues that exogenous events may change policy priorities and linkage of issues explain this change. Russian aggression against Ukraine prompted a shift in the priorities of member states’ governments making them more receptive towards EU Commission enforcement actions. The Hungarian government’s friendly attitude towards Russia clashes with the position of most member states and the Commission itself. Orban’s partial isolation makes the Commission more willing to exercise RoL enforcement initiatives. Hence, supranational RoL-related forbearance is, at least in critical situations, affected by the calculus of opportunity that the Commission derives from other policy areas. Empirically, the process is traced through official/public documents and statements made by EU actors.