Council and the Protection of the Rule of Law in the EU

This article explores the evolving role of the Council of the European Union in safeguarding the rule of law among its Member States, focusing on two key instruments: the annual Rule of Law Dialogue and the hearings under Article 7(1) TEU. While the Council has traditionally been criticized for its passivity, the study reveals a gradual shift in Member States’ engagement, particularly among Central and Eastern European countries. Drawing on available Council documents, the article examines Member States’ positions on rule of law issues. It finds that the annual Rule of Law Dialogue has become more structured and inclusive, yet remains a soft instrument lacking enforcement power. Its nature contrasts with Article 7 TEU, which was intended as a robust enforcement mechanism. However, the study shows that political divisions have hindered Article 7 TEU from functioning effectively. It highlights the influence of EU membership duration, the quality of democracy, party ideology, and responses to Russia’s aggression in Ukraine as key determinants of Member States’ behaviour. Ultimately, the article argues that while incremental progress is evident, the Council’s capacity to enforce rule of law remains constrained.