Time for the gloves to come off?: The response by the Parliamentary Assembly of the Council of Europe to rule of law backsliding

Article

Donald, A. and Speck, A. 2021. Time for the gloves to come off?: The response by the Parliamentary Assembly of the Council of Europe to rule of law backsliding. European Convention on Human Rights Law Review. 2 (2), pp. 241-273. https://doi.org/10.1163/26663236-bja10025
TypeArticle
TitleTime for the gloves to come off?: The response by the Parliamentary Assembly of the Council of Europe to rule of law backsliding
AuthorsDonald, A. and Speck, A.
Abstract

The Parliamentary Assembly of the Council of Europe has limited tools to respond to rule of law backsliding by member states. Sanctions have never been used for this purpose, and the Assembly’s monitoring procedure—the most significant tool of scrutiny—presents a mixed picture. This article focuses on four states exhibiting severe rule of law backsliding: Hungary, which has evaded the procedure; Poland, which was placed under monitoring in 2020; Turkey, which in 2017 became the first state to have monitoring reopened; and Azerbaijan, which has been under monitoring since 2001. Through a first-ever analysis of debates, voting patterns and tactics used in the Assembly, the article elucidates how proponents and opponents of monitoring have framed their arguments in the battleground of ideas about democracy and the rule of law in Europe. It concludes that the Assembly should fundamentally reappraise monitoring—and the possible use of sanctions—to meet the severity of the challenge.

KeywordsRule of law backsliding; Parliamentary Assembly of the Council of Europe; monitoring; sanctions; Azerbaijan; Hungary; Poland; Turkey
Research GroupLaw and Politics
PublisherBrill | Nijhoff
JournalEuropean Convention on Human Rights Law Review
ISSN2666-3228
Electronic2666-3236
Publication dates
Online23 Aug 2021
PrintSep 2021
Publication process dates
Deposited21 May 2021
Accepted14 May 2021
Output statusPublished
Accepted author manuscript
File Access Level
Open
Copyright Statement

This author's accepted manuscript version is made available in this repository in accordance with the publisher's (Brill) Self-Archiving-Rights Policy: https://brill.com/page/RightsPermissions/rights-and-permissions#self...

Additional information

Volume 2, Issue 2: Special Issue: The Council of Europe’s Responses to the Decay of the Rule of Law and Human Rights Protections, by Basak Çalı & Esra Demir-Gürsel

Digital Object Identifier (DOI)https://doi.org/10.1163/26663236-bja10025
Scopus EID2-s2.0-85146602356
Web of Science identifierWOS:001322512900004
LanguageEnglish
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