Current relevance
- In Hungary, the ruling Fidesz party has systematically undermined key pillars of democratic society since 2011; for example, by having media and publishing houses bought up by businesspeople loyal to the party and by having the Fidesz-controlled Hungarian Media Council revoke the licences of media outlets that are critical of the government. This makes it difficult for people to form independent opinions.
- Corruption remains a major problem in some European countries.
In 2022, the Belgian judiciary investigated allegations against senior MEPs who were accused of accepting bribes from Qatar and Morocco in the ‘Qatargate’ scandal. At the end of 2025, even the former EU High Representative for Foreign Affairs, Federica Mogherini, was arrested during corruption investigations
What is the rule of law?
The rule of law guarantees that state bodies respect fundamental rights and all other democratically adopted rules and laws: all state power must be exercised within the bounds of law and is subject to control by independent and impartial courts. This serves to protect citizens from arbitrary state action. The rule of law also encompasses the fight against corruption and protects the freedom of the media.
How does the European Union ensure the rule of law?
Checks and balances
Only countries that meet EU standards on democracy and the rule of law can join the EU. For this reason, accession negotiations with Turkey, for example, are currently suspended indefinitely, as the country has drifted further away from these standards in recent years. The EU’s institutions and bodies are obliged to adhere to the principles of the rule of law. Compliance with these principles is monitored.
Sanctions
But what happens if, after joining the EU, a country fails to fulfill its obligations under the EU treaties, particularly when fundamental rights and values are concerned? This is where the European Commission, often referred to as the ‘guardian of the treaties’, comes into play. It must ensure that Member States comply with and implement the agreements and decisions they have jointly adopted.
If shortcomings are identified, the Member State is asked to rectify them. If the state fails to do so, the European Commission initiates infringement proceedings against the state in question. In most cases, this leads to rectification. If not, proceedings are brought before the European Court of Justice. If the Court confirms that the state is in breach of EU law and the state does not change its behaviour, it may be ordered to pay a fine or a penalty.
For example, Germany was engaged in a dispute with the European Commission for years over the implementation of the Habitats Directive, which aims to better link and protect the EU’s nature reserves. Another example is Hungary; here, the ECJ has ruled that both their media act and their higher education act are incompatible with EU law.
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If the breach constitutes a violation of the values set out in Article 2 of the EU Treaty, or if there is a clear risk of a serious violation of these values, Article 7 of the EU Treaty allows for the harshest sanction provided for in the EU Treaty to be imposed: the state’s rights may be suspended until the breach is remedied. This means that payments of funds from EU programmes are suspended and the state no longer has a voting right in the Council of Ministers. All obligations, however, remain in force, in particular the obligation to contribute to the EU budget and
the duty to comply with all jointly agreed rules. However, this procedure has a downside: all other states must unanimously determine that a state is violating EU values. This does not work if some countries don’t take EU values seriously and support one another in votes. That is why this last resort has not yet been applied in the EU’s history to date.
An important change, which has been in force since the start of 2021, is that a Member State may be denied funding from EU support programs if EU values are not upheld or the rule of law there is insufficient. This does not require a unanimous decision. This is a sanction that must be taken very seriously, particularly by Member States who receive substantial payments from the EU due to their economic situation.
Background information
Legal provisions
- All Member States of the European Union must be committed to the rule of law.
- Articles 4 and 5 of the Treaty on European Union stipulate that EU institutions, authorities and courts must not act arbitrarily, but only within the scope of their powers.
- Article 41 of the EU Charter of Fundamental Rights stipulates that EU citizens have the right to good administration, which must be impartial and fair, make decisions within a reasonable timeframe and state the reasons for its decisions. This also includes the right to be heard before a decision is made.
- Article 47 of the EU Charter of Fundamental Rights grants everyone the right to a remedy before a court due to any infringement of their rights or freedoms. The court must be independent, impartial and established by law. The proceedings must be fair and public and conducted within a reasonable timeframe.
- Article 48 of the EU Charter of Fundamental Rights states: “Anyone who has been charged shall be presumed innocent until proved guilty according to law.”
- Article 49 of the EU Charter of Fundamental Rights prohibits punishment for an act that was not a criminal offence at the time it was committed; the penalty must also not be greater than provided for by law at the time the offence was committed; and the penalty must never be disproportionate.
- Article 50 of the EU Charter of Fundamental Rights prohibits the prosecution or punishment of a person for the same offence twice.
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