Fighting illiberal democracy with the rule of law: The European Union's legalistic approach to constitutional backsliding in Hungary

This chapter examines the ongoing conflict between the European Union (EU) and Hungary over the country's illiberal developments, arguing that the EU's predominantly legalistic response is ultimately flawed. By focusing narrowly on legal violations and emphasising top-down enforcement, the EU institutions have framed these issues mainly in terms of compliance rather than engaging with the deeper political and ideological motivations. The rule of law, presented as a neutral, apolitical ideal, has been central to this strategy, which has proven largely ineffective in countering illiberalism. The chapter advocates for an open, political debate on the Union's values that incorporates societal beliefs and convictions as a necessary step towards fostering liberal democracy in the Member States.