Illiberal challenges to the European Union’s legitimacy from within and without: the rule of law and refugee crises

ABSTRACT

This study revisits the academic debate on rising populism and illiberalism in Europe that reduces the EU’s crises to those involving ‘liberal EU’ and ‘illiberal regimes’ without necessarily differentiating between these regimes. Applying Suchman’s multidimensional account of legitimacy to the EU, it unpacks the varying domestic contestations of two illiberal regimes against the different components of EU legitimacy within the context of two recent EU crises. Comparative analysis of how an illiberal insider (Hungary) and an illiberal outsider (Turkey) challenge the EU’s legitimacy in handling the rule of law and Syrian refugee crises, respectively, revealed two findings. First, Hungarian and Turkish actors raise divergent legitimacy contestations against the EU’s crisis management in the select cases. Second, their positionality towards the EU drives this divergence. While both countries seek to delegitimise the EU, their points of contention differ based on being in or outside the EU.

KEYWORDS:

• European Union
• illiberalism
• legitimacy
• rule of law
• refugee

Disclosure statement

No potential conflict of interest was reported by the author(s).

Correction Statement

This article has been corrected with minor changes. These changes do not impact the academic content of the article.

Notes

1. An earlier version of this paper was presented at the European Union Studies Association (EUSA)’s 17^th Biennial Conference on May 19–21, 2022. We are grateful to our panel discussant Antoaneta Dimitrova and the participants to the EUSA Conference as well as the two anonymous reviewers for their helpful comments and feedback.

2. Although we do not dispute the relevance of the term ‘illiberal democracy’ (i.e. electoral or majoritarian democracy as opposed to pluralist/substantive democracy), we use the term ‘illiberal (backslider) regimes’ for Turkey and Hungary as their political leaders refuse to abide by the rules of the democratic game, question their political opponents’ legitimacy to participate in the political process, accept or even support violence, and endorse restrictions on civil liberties.

3. Full text of Viktor Orbán’s speech at Băile Tuşnad (Tusn.dfürdő) of 26 July 2014, Budapest Beacon, 29 July 2014, available at: http://budapestbeacon.com/publicpolicy/full-text-of-viktor-Orbánsspeech-at-baile-tusnad-tusnadfurdo-of-26-july-2014/.

4. In this paper, we do not get into an investigation of the two countries’ domestic political similarities in terms of backsliding and illiberalism. There is already ample evidence and consensus in the literature to suggest that they both qualify as illiberal, backslider regimes. Instead, we take this domestic characteristic as given and try to demonstrate the role played by the factor that most definitely varies between the two cases: Positionality towards the EU.

5. Address by Prime Minister Viktor Orbán in the debate on the so-called ‘Sargentini Report’”. 11 September 2018., English version of Magyarország kormánya, available at: https://www.kormany.hu/en/the-prime-minister/the-prime-minister-s-speeches/addressby-prime-minister-viktor-Orbán-in-the-debate-on-the-so-called-sargentini-report

6. Speech of Prime Minister Viktor Orbán Samizdat No. 6, 4 March 2021, English version of Magyarország kormánya, available at: https://abouthungary.hu/speeches-and-remarks/samizdat-no-6

7. Justice Minister slams Article 7 hearing against Hungary, 11 December 2019, English version of Magyarország kormánya, available at:https://abouthungary.hu/news-in-brief/justice-minister-slams-article-7-hearing-against-hungary

8. PM Orbán assures Poland of Hungary’s support over EU’s ‘unlawful’ Article 7 procedure, 4 January 2018, English version of Magyarország kormánya, available at:https://abouthungary.hu/prime-minister/pm-orban-assures-poland-of-hungarys-support-over-eus-unlawful-article-7-procedure

9. Instead of a Europe of nations, a European superstate is being built in Brussels, 19 June 2021, Cabinet Office of the Prime Minister, available at: https://www.miniszterelnok.hu/instead-of-a-europe-of-nations-a-european-superstate-is-being-built-in-brussels/

10. PM Orbán: ‘We won’t do what Brussels dictates, if it’s not good for Hungarians, 24 March 2019, English version of Magyarország kormánya, available at: https://abouthungary.hu/blog/pm-orban-we-wont-do-what-brussels-dictates-if-its-not-good-for-hungarians

11. Justice Minister: EU’s rule of law proposal is ‘legal nonsense’ 10 December 2020, English version of Magyarország kormánya, available at: https://abouthungary.hu/news-in-brief/justice-minister-eus-rule-of-law-proposal-is-legal-nonsense.

12. Justice Minister signs legal cooperation with Poland, 21 July 2020, English version of Magyarország kormánya, available at: https://abouthungary.hu/news-in-brief/justice-minister-signs-legal-cooperation-with-poland.

13. ‘Orbán at Fidesz Congress: ‘We will go through the thickest wall and win again’ 15 November 2021, English version of Magyarország kormánya, available at: https://hungarytoday.hu/orban-fidesz-congress-speech-2022-elections-promises/

14. Ibid.

15. ‘Statement made by President of the Republic of Turkey H.E. Recep Tayyip Erdoğan at the Opening Session of the Global Refugee Forum 17 December 2019’, available at: https://www.unhcr.org/events/conferences/5dfce7bc4/statement-from-turkey.html.