Rule of law through the mirror glass: Is the new 2020 enlargement methodology a pre-accession TEU Article 7 mechanism?

Abstract

The rule of law in the EU is a very complex concept due to its nature, different understanding and its diverse practical implementation, which has led to rule of law backsliding. In parallel, the rule of law represents a crucial pillar of the conditionality policy of new accession processes. The EUs recent enlargement methodology introduced more stringent and conditional criteria for progress. This resulted in similarities between TEU Article 7 sanctioning mechanism and the new enlargement methodology that implies elaborate sanctions approach for candidate countries in cases of values breaches, backsliding, stagnation and lagging behind. The EU polity has, therefore, taken advantage of the empiric knowledge about the rule of law within its own borders and in the enlargement countries, constantly moving between the thin and the thick concept of the rule of law. The two processes have been feeding into each other, therefore, resulting in a growing convergence.