Rule of Law Decline and Human Rights Protection in the European Union: The Cases of Hungary and Poland.

The rule of law and human rights are fundamental principles of the European Union. The general expectation was that the rule of law and human rights would continue to be strengthened through membership and participation in the European integration process. Developments in Hungary and Poland raised questions about these expectations and about how the rule of law and human rights can be protected when concerns arise within a member state itself. In this thesis, I examine the changes that took place in these countries in relation to constitutional institutions, courts and judicial independence. I also examine the response of the European Union through infringement procedures, the Rule of Law Framework, Article 7 TEU, the European Parliament and financial conditionality. The developments discussed in this thesis showed that the European Union faced important challenges when responding to rule of law concerns after accession. Although a range of tools was available to protect the rule of law and human rights, these tools often proved difficult to use for political or legal reasons. The situations in Hungary and Poland raised questions about the extent to which member states continue to uphold common values, as well as the relationship between those values and national sovereignty. They also highlighted the role of courts in the protection of human rights, since rights depend on institutions capable of enforcing them. The response of the European Union changed over time and new approaches were developed as concerns continued. Overall, these developments showed that the protection of the rule of law and human rights requires continuous attention at both national and EU level.