• Third, <strong>the</strong> concern that such interventions<strong>the</strong>mselves are in and of <strong>the</strong>mselves paternalisticand, ultimately, illiberal.• Finally, <strong>the</strong> charge that only smaller, relativelypowerless member states would ever be subjectto interference from Brussels (in a sense, <strong>the</strong>n,this criticism also comes down to a suspicion ofhypocrisy).These are not unreasonable concerns. But one cancounter <strong>the</strong>m and, in <strong>the</strong> process, develop a set ofcriteria as to when and how European interventionis justified. In fact, <strong>the</strong> real problem arises not ata relatively abstract <strong>the</strong>oretical level, but when itcomes to policy instruments and concrete politicalstrategies. To say it outright: as of now, <strong>the</strong> EUhas no convincing tool kit to deal with situationsthat probably not many Eurocrats — or, for thatmatter, European elites more broadly — everforesaw. Brussels, as well as national capitals,seemed to have assumed that <strong>the</strong> consolidation ofliberal democracies in <strong>the</strong> run-up to EU accessionwas irreversible. Once <strong>inside</strong> <strong>the</strong> club, so <strong>the</strong>ra<strong>the</strong>r complacent reasoning seemed to go, youngdemocracies would count <strong>the</strong>ir blessings and neverlook back (or, for that matter, sideways and forwardto illiberal forms of statecraft).To be sure, <strong>the</strong> repertoire of legal and politicalinstruments <strong>the</strong> EU has at its disposal at <strong>the</strong>moment to exert pressure on member statesmight occasionally work — but it can also appeararbitrary and opportunistic. I propose extendingthis repertoire as well as <strong>the</strong> creation of a new kindof <strong>democracy</strong> watchdog — tentatively called <strong>the</strong>“Copenhagen Commission” — that can raise aEurope-wide alarm about deteriorations in <strong>the</strong> ruleof law and <strong>democracy</strong>. Such a body also ought to beable to trigger a limited set of “smart sanctions.”4<strong>Transatlantic</strong> <strong>Academy</strong>
2Supranational Democracy-Protection:The Story So FarAcliché of our time holds that “identitycreation”requires an “O<strong>the</strong>r,” that is to say:an enemy, or, at <strong>the</strong> very least, someonewho clearly is “not us.” If that is correct, <strong>the</strong> EUshould have found its identity in early 2000, whenEurope’s O<strong>the</strong>r appeared — not for <strong>the</strong> first timein 20 th century European history — in <strong>the</strong> form ofa charismatic Austrian: Jörg Haider. The inclusionof Haider’s populist right-wing Freedom Party in<strong>the</strong> government prompted <strong>the</strong> <strong>the</strong>n EU members— minus Austria, obviously — to take “sanctions”against Vienna: for instance, <strong>the</strong>y vowed not topromote Austrian candidates for positions ininternational organizations.Yet what came to be known as <strong>the</strong> Haider Affairin some ways deeply traumatized European elites:<strong>the</strong> (for <strong>the</strong> most part symbolic) sanctions lookedsomewhat ridiculous; fear mounted that <strong>the</strong>remight be a nationalist backlash in Austria; mostimportant, in <strong>the</strong> end, a group of three “wise men”chosen by Brussels certified in an official reportthat <strong>the</strong>re was nothing wrong with <strong>the</strong> Austriangovernment (even if <strong>the</strong>re remained concerns about<strong>the</strong> FPÖ). 1 Europe had its fingers burnt, or so manypeople think today.More than a decade later, <strong>the</strong> question of how, if atall, to protect democracies <strong>inside</strong> <strong>the</strong> EU is back on<strong>the</strong> agenda. Two countries in particular have givenrise to concern in Brussels: Hungary and Romania. 21Martti Ahtisaari, Jochen Frowein, and Marcelino Orejta,“Report on <strong>the</strong> Austrian Government’s Commitment to <strong>the</strong>Common European Values, in particular concerning <strong>the</strong> Rightsof Minorities, Refugees and Immigrants, and <strong>the</strong> Evolution of<strong>the</strong> Political Nature of <strong>the</strong> FPÖ (The Wise Men Report),” inInternational Legal Materials, vol. 40 (2001), 102-23.2On Hungary, see <strong>the</strong> special section on Hungary’s illiberal turnin <strong>the</strong> Journal of Democracy, vol. 23, no. 3 (2012), <strong>the</strong> collectionedited by Gábor Attila Tóth, Constitution for a DisunitedNation: On Hungary’s 2011 Fundamental Law (Budapest: CEUPress, 2012), Pierre Verluise, “UE-Hongrie V. Orban: vers larupture?,” diploweb.com, December 2, 2012, available onlineat http://www.diploweb.com/UE-Hongrie-V-Orban-vers-la-To recap very briefly, in Hungary, a right-wingpopulist party, Fidesz, came to power with a twothirdsmajority in parliament in April 2010. TheFidesz government under Viktor Orbán announceda new “system of national cooperation,” passed adraconian media law that was widely criticized —rupture.html [last accessed January 25, 2013], and, for fur<strong>the</strong>rhistorical background, my “Longing for Greater Hungary,”London Review of Books, vol. 34, no. 12 (2012), as well as PaulLendvai, Hungary: Between Democracy and Authoritarianism(New York: Columbia UP, 2012). On Romania, see VladimirTismaneanu, “Democracy on <strong>the</strong> Brink: A Coup AttemptFails in Romania,” in World Aaffirs (January/February 2013),83-7, and, for <strong>the</strong> larger background, Tom Gallagher, Theft ofa Nation: Romania Since Communism (London: Hurst, 2005),but also Daniel Barbu, Die abwesende Republik, trans. LarisaSchippel (Berlin Frank & Timme, 2009). See also <strong>the</strong> EuropeanCommission’s latest report on Romania at http://static.<strong>eu</strong>ractiv.com/sites/all/<strong>eu</strong>ractiv/files/CVM%20Romania%20political.pdf [last accessed January 7, 2013], which highlights a rangeof serious problems that have no equivalent in Hungary. Ingeneral, it needs to be pointed out that Hungary by 2010was widely considered a consolidated <strong>democracy</strong>, whereasRomania continued to suffer from a number of deep problems,from corruption to a tendency to play fast and loose with<strong>the</strong> constitutional framework, and easily escalating conflictsamong <strong>the</strong> political elite (observers have spoken of “triagedemocratization,” where urgent problems are — sometimes —addressed, but where <strong>the</strong>re is little systematic state-building andentrenchment of <strong>the</strong> rule law. See Ronald F. King and Paul E.Sum (eds.), Romania under Basescu: Aspirations, Achievements,and Frustrations during His First Presidential Term (Lanham:Lexington Books, 2011). Moreover, observers have crediblyshown that accession for Romania meant an immediatedeterioration in elite political practices, as well as efforts atstate-building and <strong>the</strong> rule of law — a phenomenon VenelinGanev has termed “post-accession political hooliganism” (seeVenelin I. Ganev, “Post-Accession Hooliganism: DemocraticGovernance in Bulgaria and Romania after 2007,” in EastEuropean Politics and Societies and Cultures, vol. 27 [2013],1-19). Nothing similar occurred in Hungary, although <strong>the</strong>re,at least since 2002, one of <strong>the</strong> major political players denied<strong>the</strong> legitimacy of its main opponents. (After his electionloss in 2002 Orbán declared that <strong>the</strong> nation itself cannot be inopposition.) In that sense, in both countries <strong>the</strong> promise of1989 remains unfulfilled: a liberal-democratic political systemthat allows for civilized conflict within a shared constitutionalframework that all major actors regard as legitimate (and where<strong>the</strong> main political actors regard each o<strong>the</strong>r as legitimate).Sanctions againstAustria are todayoften seen asa failure.Safeguarding Democracy <strong>inside</strong> <strong>the</strong> EU 5