Can money buy rule of law? – overview of the recent instruments within the EU conditionality policy

Abstract

In recent years, the EU has been engaged in developing its rule of law toolbox to reverse the ongoing trend of backsliding. The aim of this paper is to explore the effectiveness of the rule of law conditionality instruments which contain a certain budgetary dimension. The link between financial tools and rule of law breaches is set out in Regulation 2020/2092. Hence, this solution also strives to limit the possibilities for such illiberal and corrupt practices to be (indirectly) supported by the EU funds. This contribution analyses the added value of the regulation in defining the rule of law as the Union’s founding value, and its efforts to bring EU values enforcement under the aegis of EU law. Starting from the premise that, unlike other instruments, budgetary conditionality moves from the realm of values to the less abstract realm of money, this paper explores the potential for integrating this concept into enlargement policy. Given the EU is strongly attempting to change its approach in transforming the candidate countries, one way to inspire some real reforms on the ground is to connect the fulfillment of rule of law standards with the access to pre-accession funds. Special focus is put on the Western Balkans in the light of the new geopolitical urgency to revive the EU enlargement.