School of Law

Dr Georgopoulos gives interview regarding the proposed inclusion of the "rule of law conditionality" in the EU Budget

AG ERT 5 11 2020

Dr Georgopoulos' interview to the Greek Broadcasting Corporation

Dr Georgopoulos gave an interview to the Greek Broadcasting Corporation about the EU Commission’s proposal establishing a framework that could ultimately block access to EU funds for EU Member States that fail to comply with the principles of democracy and the rule of law. The aim of the new framework is arguably to limit pay-outs to Member States with ‘illiberal’ governments and incentivise them to align themselves with EU’s liberal values. A provisional agreement was reached recently by the Council and the European Parliament. 

Dr Georgopoulos argued that the proposal has noble aims but it carries considerable risks. Firstly, it seems to conflate two notions, namely democracy and the rule of law. The two concepts are connected but can be in tension with each other in the sense that in western democracies the rule of law often acts as a limit against certain political choices despite their democratic underpinning; it often protects minorities against the will of overzealous “majorities”.

Secondly, the new framework appears susceptible to criticism that it “politicises” the rule of law –given the existence of judicial mechanisms to monitor Member State compliance with the principle of the rule of law. This could undermine the very aim of the proposal because it may fuel instead of taming populist, “will of the people” type of narratives in the relevant Member States. 

Posted on Wednesday 9th December 2020

School of Law

Law and Social Sciences building
University of Nottingham
University Park
Nottingham, NG7 2RD

Contact us