Article 7 Alive But Needs Booster Shot

Issues with the procedure in Poland and Hungary show where it can be improved

29 May 2024

Earlier this month, the European Commission decided to drop Article 7 proceedings against Poland. The decision shows the EU’s primary rule of law tool is still alive, but that problems with its design persist – both in Hungary and Poland. To defend democratic security in the next institution cycle, steps need to be taken to make Article 7 more effective.

Of all the elements in the EU’s rule of law toolbox, Article 7 of the Treaty on European Union has likely been subjected to the most name-calling and mistrust.

The procedure has been called a nuclear option, a political witch-hunt, Brussels bullying, interference in internal affairs, EU overreach, an attack on sovereignty, a case of double standards and a toothless waste of time.

So far, it has been triggered against two illiberal EU member states, Poland and Hungary, in 2017 and 2018 respectively.

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Márta Pardavi

Márta Pardavi is co-chair of the Hungarian Helsinki Committee, a leading human rights NGO based in Budapest, Hungary. A lawyer by training, she has recently been focusing on the threats to the rule of law and civil society space in Hungary and the EU. She also co-leads the Recharging Advocacy for Rights in Europe (RARE) programme, which equips human rights defenders to build stronger organisations and alliances for joint action on civic space and rule of law in the EU.

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