Abstract
How are member states dealing with rule of law concerns in the Council? This chapter focuses on two main policy tools, which have made their way onto the agenda of the institution, albeit not without difficulty: (1) the establishment of the Rule of Law Dialogue (RLD) and its evolution; and (2) the hearings organised as part of Article 7 TEU with Poland and Hungary. The chapter illustrates the initial reluctance of the Council to deal with Article 7 TEU and its inability to “exit”, as well as the disputed transformation of the RLD from a purely intergovernmental tool towards one that also involves the Commission. The chapter shows that dissensus and contestation impede deliberation and persuasion. The chapter contains three parts: Section 6.2 introduces member states’ coalitions supporting or opposing the emergence of an EU rule of law policy, distinguishing between pace-setters, foot-draggers, and fence-sitters or consenters, contesters, and dissenters. Section 6.3 discusses the establishment of the Rule of Law Dialogue, an intergovernmental instrument to compensate for the silence of the ministers, modestly supranationalised despite resistances. Section 6.4 seeks to open the hermetic inner workings of Article 7 TEU, uncovering a clear expression of irreconcilable positions.
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- 1.
It should be mentioned that putting the rule of law on the agenda of the Council, was not only a question of willingness of the country holding the presidency. It was also a question of acceptability by all the other delegations to see the issue (for example Article 7 TEU) on the Council’s agenda. Although there is no vote on the agenda of the Council, a point is accepted unless there is no objection from the delegations of other member states. If there is objection in COREPER, the point is not included.
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The context of COVID-19, with remote working in EU institutions and travel restrictions impeded member states representatives at the political or administrative levels from meeting in person, posing a considerable obstacle for diplomats to reach consensus, as explained by people from the SecGen or attending COREPER meetings (Interview 12, civil servant, SecGen Council, July 2021).
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Coman, R. (2022). The Rule of Law Debate in the Council: Weak Consensus and Impossible Deliberation and Persuasion in Times of Dissensus and Contestation. In: The Politics of the Rule of Law in the EU Polity. Palgrave Studies in European Union Politics. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-97367-4_6
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