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

Donald, Alice ORCID logoORCID: https://orcid.org/0000-0001-8541-3530 and Speck, Anne-Katrin (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. ISSN 2666-3228 [Article] (doi:10.1163/26663236-bja10025)

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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.

Item Type: Article
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
Research Areas: A. > School of Law > Law and Politics
Item ID: 33283
Notes on copyright: 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#selfarchiving
Useful Links:
Depositing User: Alice Donald
Date Deposited: 21 May 2021 08:56
Last Modified: 29 Nov 2022 17:43
URI: https://eprints.mdx.ac.uk/id/eprint/33283

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