Rule of Law in the EU: constraints on government powers 2022

The ability of the legislature, judiciary, or other independent bodies to check the powers of national governments is one of the key principles of liberal democracy. Within the European Union, the country which has been ranked in 2022 as having the fewest restraints on the power of its government is Hungary. The post-communist member state has, along with others such as Poland, has struggled to protect its democratic institutions from populist and illiberal political movements since joining the EU in 2004 (Bulgaria and Romania joined later in 2007, while Croatia joined in 2013).

Democratic backsliding in Central & Eastern Europe

Viktor Orban's Fidesz Party, which has been in government since 2010, has engaged in reforms that have been criticized strongly by the EU institutions, other member states, and independent observers for their effect on Hungarian democracy. Of particular concern have been reforms which have restricted press freedoms, limitations to the power of the constitutional court to check the government, and crackdowns on civil society organizations, particularly the Open Society Foundation and the Central European University, both funded by Hungarian-American philanthropist George Soros.

"Getting to Denmark"

At the other end of the scale in terms of constraints on governments' discretionary power are the Nordic member states of the EU, Denmark, Finland, and Sweden. Denmark has become famous internationally for its quality of government, with American political scientist Francis Fukuyama describing the aims of all liberal democracies as "getting to Denmark" (in the sense of achieving the same levels of government efficacy and transparency). While constrained government is seen by many as prerequisite for good governance, some critics claim that this can also allow institutions of the state to block the will of democratic majorities elected by citizens.