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
Type | Article |
---|---|
Title | Time for the gloves to come off?: The response by the Parliamentary Assembly of the Council of Europe to rule of law backsliding |
Authors | Donald, 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. |
Keywords | Rule of law backsliding; Parliamentary Assembly of the Council of Europe; monitoring; sanctions; Azerbaijan; Hungary; Poland; Turkey |
Research Group | Law and Politics |
Publisher | Brill | Nijhoff |
Journal | European Convention on Human Rights Law Review |
ISSN | 2666-3228 |
Electronic | 2666-3236 |
Publication dates | |
Online | 23 Aug 2021 |
Sep 2021 | |
Publication process dates | |
Deposited | 21 May 2021 |
Accepted | 14 May 2021 |
Output status | Published |
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 EID | 2-s2.0-85146602356 |
Web of Science identifier | WOS:001322512900004 |
Language | English |
https://repository.mdx.ac.uk/item/895yx
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Accepted author manuscript
20210510_ECHRLR_Time-for-gloves-to-come-off_rev3.pdf | ||
File access level: Open |
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