Blowing the rule of law away? Autocratic legalism meets supranational opportunism

This chapter critiques the EU's response to rule of law backsliding in Member States, arguing that it has led to an expansion of supranational powers but without meaningful impact. Despite its potential, this ‘constitutional revolution’ has been undermined by increased politicization, where decisions are dictated by political expediency rather than robust legal principles. The resulting double standards have weakened the EU's rule of law framework, as fundamental principles, such as judicial independence and adherence to human rights guarantees, are inconsistently applied at the national and supranational levels. It is argued that the EU's interventions not only fail to resolve the issues they target but also erode the Union's legal coherence and credibility. By politicising the rule of law, the EU has diminished its capacity to temper power effectively, thereby weakening both Member States and the Union itself. This shift risks enabling lawlessness while undermining the EU's foundational legal principles.