Does It Help to Call a Spade a Spade? Examining the Legal Bases and Effects of Rule of Law-Related Infringement Procedures Against Hungary

Abstract

Abstract Whether infringement procedures are suitable to enforce the EU’s foundational values is contested. According to critics, they lead to a miscategorisation of the problems because rule of law concerns are reframed as concrete EU law violations. Others see infringement procedures as a powerful alternative to the Article 7 procedure, stressing their potential to depoliticise rule of law-related conflicts. As we still lack systematic studies on the deployment and effects of infringement procedures in rule of law related cases, this chapter analyses all seven procedures with rule of law relevance launched against Hungary since 2010. It analyses whether the Commission indeed miscategorised the cases and how the Hungarian government reacted legally and rhetorically. The findings cast doubt on the premises that the procedures depoliticise the conflicts and that the correct categorisation of rule of law problems could induce compliance with the EU’s foundational values.