Pub Date : 2022-01-01Epub Date: 2022-03-02DOI: 10.1007/s40803-022-00170-0
Edit Zgut
Hungary and Poland have seen the most widespread erosion of democracy in the European Union since Fidesz and Law and Justice started their authoritarian remaking in 2010 and 2015, respectively. Despite the EU's introduction of various doctrinal innovations, it could not force these regimes to comply with the core values of the EU. While the literature has focused on the formal violation of the rule of law, the links between informal power and the limited constraining role of the EU have remained undertheorized. This article aims to fill the gap by studying the informal exercise power of the Fidesz and PiS governments that helped them to create an uneven political playing field. Connecting the literature on hybrid authoritarian regimes and informality, it will be shown through three main domains how the Hungarian and Polish governments (1) distributed informal political-economic decision-making power informally throughout clientelist corruption, (2) captured the media through loyal oligarchs/allies, and (3) employed electoral clientelism to tilt the electoral playing field in their favor. While the study proposes a theoretical framework related to the Hungarian and Polish examples, it is also a warning for the EU to take the informal exercise of power seriously.
自2010年青民盟（Fidesz）和法律与正义党（Law and Justice）分别在2010年和2015年开始进行专制改造以来，匈牙利和波兰的民主受到了欧盟最广泛的侵蚀。尽管欧盟引入了各种理论创新，但它无法迫使这些政权遵守欧盟的核心价值观。虽然文献关注的是对法治的正式违反，但非正式权力与欧盟有限约束作用之间的联系仍然缺乏理论化。本文旨在通过研究青民盟和PiS政府的非正式权力行使来填补这一空白，这有助于他们创造一个不公平的政治竞争环境。将有关混合专制政权和非正式性的文献联系起来，本文将通过三个主要领域来展示匈牙利和波兰政府如何(1)在裙带主义腐败中非正式地分配非正式的政治经济决策权，(2)通过忠诚的寡头/盟友捕获媒体，以及(3)利用选举裙带主义使选举竞争环境向有利于他们的方向倾斜。虽然这项研究提出了一个与匈牙利和波兰的例子相关的理论框架，但它也警告欧盟要认真对待权力的非正式行使。
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Pub Date : 2021-11-02DOI: 10.1007/s40803-021-00161-7
Marc Prieto, S. Verdugo
{"title":"How Political Narratives Affect the Self-Enforcing Nature of Interim Constitutions","authors":"Marc Prieto, S. Verdugo","doi":"10.1007/s40803-021-00161-7","DOIUrl":"https://doi.org/10.1007/s40803-021-00161-7","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"265 - 293"},"PeriodicalIF":2.2,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49186744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-02DOI: 10.1007/s40803-021-00164-4
L. Hilbink
{"title":"Constitutional Rewrite in Chile: Moving toward a Social and Democratic Rule of Law?","authors":"L. Hilbink","doi":"10.1007/s40803-021-00164-4","DOIUrl":"https://doi.org/10.1007/s40803-021-00164-4","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"223 - 234"},"PeriodicalIF":2.2,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44230055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-02DOI: 10.1007/s40803-021-00163-5
Donald Bello Hutt
{"title":"Rule of Law and Political Representation","authors":"Donald Bello Hutt","doi":"10.1007/s40803-021-00163-5","DOIUrl":"https://doi.org/10.1007/s40803-021-00163-5","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"14 1","pages":"1 - 25"},"PeriodicalIF":2.2,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44524250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-02DOI: 10.1007/s40803-021-00162-6
Eduardo Arenas Catalán
{"title":"Chile’s New Constitution: What Right to Health?","authors":"Eduardo Arenas Catalán","doi":"10.1007/s40803-021-00162-6","DOIUrl":"https://doi.org/10.1007/s40803-021-00162-6","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"295 - 314"},"PeriodicalIF":2.2,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43651176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-25DOI: 10.1007/s40803-021-00160-8
Julieta Suárez-Cao
{"title":"Reconstructing Legitimacy After Crisis: The Chilean Path to a New Constitution","authors":"Julieta Suárez-Cao","doi":"10.1007/s40803-021-00160-8","DOIUrl":"https://doi.org/10.1007/s40803-021-00160-8","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"253 - 264"},"PeriodicalIF":2.2,"publicationDate":"2021-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45193276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-27DOI: 10.1007/s40803-022-00181-x
Filip Horák, D. Lacko
{"title":"Triangulation of Theoretical and Empirical Conceptualizations Related to the Rule of Law","authors":"Filip Horák, D. Lacko","doi":"10.1007/s40803-022-00181-x","DOIUrl":"https://doi.org/10.1007/s40803-022-00181-x","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"15 1","pages":"191-216"},"PeriodicalIF":2.2,"publicationDate":"2021-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46257183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-13DOI: 10.1007/s40803-021-00154-6
Justyna Łacny
<p>Some say that the Union is built by moving from crisis to crisis. Crises in the last decade which affected the Union and its citizens concerned, <i>inter alia</i>, public finance (the financial crisis, 2008), migration (2014), public health (the COVID-19 pandemic, 2020) and the rule of law crisis (2018). This paper focus on the latter. It has been noted that some Member States have been happy to receive the benefits of EU membership, specifically the financial ones, while their commitment to European values, including the rule of law (Article 2 TEU), has been lacking. Since many instruments applied by EU institutions to improve this situation have proved rather insufficient, halting transfers of EU funds to these recalcitrant Member States has been touted as the way that might solve this crisis. Accordingly, a draft regulation was put on the table that authorised the EU institutions to suspend EU funds if a Member State is found to be in breach of the rule of law. This draft aimed to make the transfer of EU funds to the Member States conditional upon their continuous respect for the rule of law (and therefore became known as ‘the rule of law conditionality’). This paper comments on this draft as first proposed by the Commission in 2018 (Proposal for a regulation of the European Parliament and of the Council on the protection of the Union budget in the event of generalized gaps in the rule of law in the Member States [COM (2018) 324 final).], amended in 2019 by the European Parliament [European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324–C8-0178/2018–2018/0136(COD)); https://www.europarl.europa.eu/RegData/seance_pleniere/textes_adoptes/provisoire/2019/04-04/0349/P8_TA-PROV(2019)0349_EN.pdf. A draft version of these provisions was presented in von Bogdandy and Łacny (Suspension of EU funds for breaching the rule of law - µ a dose of tough love needed? European Policy Analysis 2020, No 2, p. 1–15, https://sieps.se/en/publications/2020/suspension-of-eu-funds/, 2020).], and finally adopted by the European Parliament and the Council as Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget [Hungary and Poland voted against it and it is expected that its validity will be challenged before the CJEU via an action for annulment (Article 263 TFEU).] (henceforth called ‘Regulation 2020/2092′). This Regulation, containing 29 recitals in the preamble and 10 articles, entered into force on 1 January 2021 (Article 10 Regulation 2020/2092.). In the conclusions of the European Council meeting in December 2020 it was however accepted that it will be applied only in relation to budgetary commitments starting under the new Multiannual Financial Framework (MFF) 2021–202
{"title":"The Rule of Law Conditionality Under Regulation No 2092/2020—Is it all About the Money?","authors":"Justyna Łacny","doi":"10.1007/s40803-021-00154-6","DOIUrl":"https://doi.org/10.1007/s40803-021-00154-6","url":null,"abstract":"<p>Some say that the Union is built by moving from crisis to crisis. Crises in the last decade which affected the Union and its citizens concerned, <i>inter alia</i>, public finance (the financial crisis, 2008), migration (2014), public health (the COVID-19 pandemic, 2020) and the rule of law crisis (2018). This paper focus on the latter. It has been noted that some Member States have been happy to receive the benefits of EU membership, specifically the financial ones, while their commitment to European values, including the rule of law (Article 2 TEU), has been lacking. Since many instruments applied by EU institutions to improve this situation have proved rather insufficient, halting transfers of EU funds to these recalcitrant Member States has been touted as the way that might solve this crisis. Accordingly, a draft regulation was put on the table that authorised the EU institutions to suspend EU funds if a Member State is found to be in breach of the rule of law. This draft aimed to make the transfer of EU funds to the Member States conditional upon their continuous respect for the rule of law (and therefore became known as ‘the rule of law conditionality’). This paper comments on this draft as first proposed by the Commission in 2018 (Proposal for a regulation of the European Parliament and of the Council on the protection of the Union budget in the event of generalized gaps in the rule of law in the Member States [COM (2018) 324 final).], amended in 2019 by the European Parliament [European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324–C8-0178/2018–2018/0136(COD)); https://www.europarl.europa.eu/RegData/seance_pleniere/textes_adoptes/provisoire/2019/04-04/0349/P8_TA-PROV(2019)0349_EN.pdf. A draft version of these provisions was presented in von Bogdandy and Łacny (Suspension of EU funds for breaching the rule of law - µ a dose of tough love needed? European Policy Analysis 2020, No 2, p. 1–15, https://sieps.se/en/publications/2020/suspension-of-eu-funds/, 2020).], and finally adopted by the European Parliament and the Council as Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget [Hungary and Poland voted against it and it is expected that its validity will be challenged before the CJEU via an action for annulment (Article 263 TFEU).] (henceforth called ‘Regulation 2020/2092′). This Regulation, containing 29 recitals in the preamble and 10 articles, entered into force on 1 January 2021 (Article 10 Regulation 2020/2092.). In the conclusions of the European Council meeting in December 2020 it was however accepted that it will be applied only in relation to budgetary commitments starting under the new Multiannual Financial Framework (MFF) 2021–202","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"23 1","pages":""},"PeriodicalIF":2.2,"publicationDate":"2021-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138517197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.1007/s40803-021-00156-4
Bas Schotel
{"title":"Administrative Law as a Dual State. Authoritarian Elements of Administrative Law","authors":"Bas Schotel","doi":"10.1007/s40803-021-00156-4","DOIUrl":"https://doi.org/10.1007/s40803-021-00156-4","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"195 - 222"},"PeriodicalIF":2.2,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s40803-021-00156-4","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"52954625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.1007/s40803-021-00155-5
I. Jelić, Dimitrios-Stavros Kapetanakis
{"title":"European Judicial Supervision of the Rule of Law: The Protection of the Independence of National Judges by the CJEU and the ECtHR","authors":"I. Jelić, Dimitrios-Stavros Kapetanakis","doi":"10.1007/s40803-021-00155-5","DOIUrl":"https://doi.org/10.1007/s40803-021-00155-5","url":null,"abstract":"","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"13 1","pages":"45 - 77"},"PeriodicalIF":2.2,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s40803-021-00155-5","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45121550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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