No rule of law in undemocratic societies: the EU legal framework to tackle threats to democracy

• Pages: 133-147
• Author: Silvia Giudici

— 133 —

NO RULE OF LAW IN UNDEMOCRATIC SOCIETIES: THE EU

LEGAL FRAMEWORK TO TACKLE THREATS TO DEMOCRACY

SILVIA GIUDICI

Post–doctoral researcher in European Union Law. University of Turin. Italy.

SUMMARY: 1. INTRODUCTION. 2. DEMOCRACY, RULE OF LAW AND

FOREIGN THREATS. 3. DEMOCRACY IN THE EU LEGAL FRAMEWORK

AND CHALLENGES FOR ITS PROTECTION VIS-À-VIS FOREIGN INTER-

FERENCE. 4. THE EU INTERNAL MARKET COMPETENCES: LIMITS AND

OPPORTUNITIES. 5. THE CONTENT OF SPECIFIC RULES TO TACKLE FO-

REIGN INTERFERENCE BY MEANS OF DISINFORMATION. 6. CONCLU-

DING REMARKS.

1. INTRODUCTION.

In the last decade, much attention has been dedicated in legal scholarship

to the so-called “rule of law crisis” that is affecting various member states (MSs)

in the European Union (EU). However, this phenomenon is closely linked to

democracy backsliding, defined as the process that gradually leads to a decrease

in the quality of democratic governance.1 Moreover, democracy is threatened not

only from the inside, but also by the interference of foreign actors attempting

to disrupt democratic processes. Such risks might stem, among others, from

disinformation campaigns conducted by foreign subjects taking advantage of

1 On the concept of democratic backsliding see WALDNER, David and LUST, Ellen,

“Unwelcome Change: Coming to Terms with Democratic Backsliding, Annual Review of Political

Science, 21, 2018, pp. 93-113 and BERMEO, Nancy, “On Democratic Backsliding”, Journal of

0%, 27, 2016, pp. 5-19.