ABSTRACT

Embedded in the legal and philosophical traditions of a variety of countries, the rule of law generates easily international support on its fundamental role in a democratic society. In the European Union (EU), by enshrining the rule of law in the treaties, political elites sought to give meaning to its normative power in relation with the world and to strengthen its polity. However, since 2010s onwards, this consensual value has developed into an issue over which there is continuous disagreement, opposing supranational institutions, experts, political and social actors. When, how and why does the rule of law give rise to conflict and how is this value framed by those who stand for it? Scrutinizing recent developments in Hungary, Poland and Romania, the chapter shows that the rule of law brings about two types of conflict in EU governance. One occurs when domestic actors contest the power of the EU to govern by, and through the rule of law, the other manifests when citizens take to the streets to put pressure on political actors to govern for, by and through the rule of law.