Safeguarding the rule of law in the European Union: assessing the effectiveness of the EU rule of law conditionality regulation

Abstract

This thesis studies the effectiveness of the Rule of Law Conditionality Regulation (RLCR) ensuring compliance to European Union (EU) rule of law principles, with a focus on Hungary and Poland. It addresses two main questions including how the EU’s rule of law enforcement framework has evolved, and to what extent the RLCR is effective in addressing systemic violations. The study employs a comparative case study approach and studies legal documents, judicial decisions, rule of law reports from the European Commission, resolutions from the European Parliament, and analysis of media sources to assess the legal framework and its domestic implementation. The study concludes that although the RLCR strengthens the EU’s enforcement capacity by associating financial conditionality with compliance with the rule of law, its effectiveness is considerably constrained by national political resistance and institutional entrenchment. Hungary demonstrates the boundaries of EU influence in situations characterized by executive dominance, whereas Poland demonstrates a partial alignment with EU norms, particularly in the context of political transformations in 2023. These outcomes reflect the broader dynamics of Europeanization, in which the effectiveness of top-down EU tools depends on domestic political commitment and institutional responsiveness. This research adds to the theoretical and empirical discussions regarding EU governance, legal conditionality. It provides insights into the RLCR’s implementation and underlines both its potential and limitations in achieving structural rule of law reforms.