The Normative Foundation for the EU Role on Protection of Democracy in Member States

This contribution argues that the EU must have a role in scrutinising the "rule of law" within member states because of the normative arguments that derive from a "congruence principle": respect for democracy and the rule of law should not be only a requisite for accession but also a requisite for continued membership. Hence, the EU should be equipped for scrutinising breaches as it is for monitoring fulfilment with these criteria during accession stages. Additionally, disrespect for the rule of law and democracy degrades its quality in the whole Union. In practical terms, challenges to either principle in Member States may have negative externalities upon third (EU) parties. For instance, changes in the domestic level may affect EU law. The paper will develop these principles.