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Chapter 2.

When rule of law meets EU accession

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For years, if not decades now, there has existed a fundamental misunderstanding in what we think the rule of law means in practice. It’s easy to see this misunderstanding when we look at an area in which the rule of law is supposedly at the centre of everyone’s attention: the EU’s accession policy.

In this book, we mostly focus on EU accession because it can teach us a lot about how the rule of law is established and what challenges it may face. The accession process is where the ideals of the rule of law, the practical challenges to it, and resistance to its implementation all coalesce into one. And the EU’s rule of law promotion efforts in this context can serve as our “proof of concept”. Everything we wish to say, can be said with the accession process as an example. But the ideas we put forward are applicable to all other contexts dealing with the rule of law, especially in EU member states. What we say matters, whether one lives in an EU member state or not.

A Citizen’s Guide to the Rule of Law

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