Rule of Law: Europe’s Civil Religion

Episode Narrative

In the dawn of the 1990s, Europe stood on the threshold of profound transformation. The iron curtain that had long divided the continent began to dissolve, bringing forth a new chapter in history — a chapter defined by the pursuit of unity and shared values. It was during this pivotal moment that the European Union’s foundational treaties began to emerge not merely as instruments of governance but as what has been termed a “civil religion.” Article 2, with its sacred tenets of human dignity, freedom, democracy, equality, the rule of law, and human rights, became a guiding star for Europe’s integration efforts. The ideals of this civil religion resonated across borders, igniting hope and a desire for a common identity.

The Maastricht Treaty of 1993 marked a significant milestone in this journey. It formally codified the rule of law as a core principle of the Union, shifting the narrative from a purely economic partnership to one grounded in shared legal and ethical frameworks. This shift mirrored the heart of a continent wrestling with its past, striving for a future woven with justice and equity. As the echoes of history reverberated, the landscape was reshaped by these values, which were meant to safeguard democracy itself.

In 2004, the EU witnessed its most expansive enlargement in history, welcoming ten new member states, many hailing from Central and Eastern Europe. This “big bang” enlargement tested the resilience and universality of Article 2 values in the face of diverse historical experiences and political realities. The temperatures rose, as debates erupted about whether these values could withstand the myriad interpretations and applications across nations with distinct legacies. The essence of Europe’s civil religion was on trial, prompting leaders, thinkers, and everyday citizens to grapple with the complexity of unity amidst diversity.

The passage of time, however, would reveal both the strength and fragility of this union. By 2010, the European Semester was introduced, establishing a new mechanism of socioeconomic governance. This framework reinforced the idea that economic policy should align with the rule of law and democratic principles. It sought to ensure that the threads binding member states were not merely economic in nature but were strengthened by shared adherence to foundational values.

Yet certain nations began to diverge from the path laid out by this civil religion. In 2014, the European Commission employed the “conditionality mechanism,” a strategic tool tying EU funds to compliance with the rule of law. This bold move became a flashpoint in relations with Hungary and Poland, nations that had begun to exhibit troubling trends with respect to independence of the judiciary and media freedom. The concept of the rule of law became a battleground, with conflicting interpretations pitting governance against the very ideals that birthed the Union.

The European Parliament stepped in, and in 2017, it passed a resolute resolution concerning the rule of law in Poland. It cited significant concerns about political interference in the judiciary and constraints on media freedom, marking the first invocation of Article 7 procedures. This unprecedented step underscored the critical need for vigilance in protecting the values that held Europe together.

In the following years, Hungary became an emblematic case, where tensions would further escalate. In 2018, the Hungarian government enacted a law requiring foreign-funded NGOs to register as “foreign agents.” This legislation sparked widespread protests and drew condemnation from the European Parliament, as it was perceived as a direct threat against civil society. The heart of Europe’s civil religion seemed to be under siege, as citizens rallied to defend the ideals they had embraced.

As the tension escalated, the European Court of Justice intervened in 2019, ruling that Hungary’s “Stop Soros” law violated EU legislation. This verdict was not merely a victory for human rights but a resurgence of faith in the rule of law — an affirmation that the principles enshrined in the treaties could stand against the tides of authoritarianism.

However, the saga continued. The European Commission launched an infringement procedure against Hungary in 2020, citing violations in the treatment of asylum seekers, a stark reminder of Europe’s responsibility to uphold fundamental rights. In 2021, the European Parliament voted to trigger Article 7 against Hungary again, condemning the government's actions as direct assaults on judicial independence and media freedoms. The spirit of European unity hung in the balance, challenging the region to confront its own internal struggles while navigating an increasingly complex geopolitical landscape.

The situation intensified in 2022 when the European Commission withheld billions of euros in funds from Hungary and Poland, citing flagrant concerns regarding corruption and adherence to the rule of law. This act sparked not just dissatisfaction but a political crisis within the EU, raising questions about how to ensure compliance with the shared values foundational to this unique union.

As the years unfolded, events cemented the rule of law as central to Europe’s identity. In 2023, the European Court of Justice declared that Poland’s disciplinary regime for judges was incompatible with EU law. This pivotal ruling reinforced the fundamental tenet that national courts possess the independence necessary to uphold justice, echoing a commitment to democratic principles that reverberated throughout member states.

Then came 2024, a year marked by intensity and determination, when the European Parliament adopted a resolution to suspend Hungary’s voting rights in the Council. This unprecedented move laid bare the stark divisions that had arisen and reflected the urgency of safeguarding the rule of law — the very lifeblood of European integration.

By 2025, the EU was poised to take further action. The European Commission proposed a new mechanism for “rule of law conditionality,” designed to ease the process of withholding funds from states in violation of core EU values. The time had come to not only address the immediate concerns but to ensure that future generations would inherit a union reflective of principles that transcended mere political expediency.

In the same year, ambitious climate targets emerged, setting a binding -90% reduction in greenhouse gases by 2040. The Commission framed climate action as a moral imperative, a testament to the EU’s commitment to not only present needs but also a legacy for future generations. With social justice and green economics interwoven, the narrative of Europe’s civil religion began fusing social, environmental, and legal dimensions into a cohesive vision.

The year 2025 also saw the European External Action Service develop strategies to enhance women’s participation in multilateral peace operations, reflecting a growing consensus that gender equality is integral to the EU’s core values. Simultaneously, sanctions against Russia were broadened and enforced, reaffirming that the scope of the rule of law extends far beyond national borders, integrating international relations into this evolving doctrine.

As efforts like the “Fit for 55” package emerged, designed to simplify regulations and enforce mechanisms for governance, Europe grappled with essential principles necessary for its survival. Economic policies were increasingly aligned with vital social and environmental values, reinforcing the interconnectedness of governance across the Union.

Yet through all the trials, the question loomed large: has Europe lost sight of the civil religion that once united it? As member states continue to navigate the complexities of both internal and external challenges, the ideal of the rule of law stands at the forefront of European identity, a beacon of hope, yet also a call to action.

The rule of law is the mirror reflecting Europe’s aspirations and trials. It reveals the ongoing journey toward unity, a journey punctuated by struggles for justice, freedom, and equality. As Europe looks to the future, the lessons learned echo across generations. What sacrifice, what vigilance, and what vision will be required to ensure that the ideals treasured in Article 2 continue to illuminate the shared path ahead?

For Europe, this civil religion is more than a concept. It is a living testament to the collective resolve of its people, the heart of a continent striving to build not only a Union but also a legacy that resonates far beyond its borders. What will the legacy of this journey be, and how will it be remembered as Europe faces the challenges of tomorrow? Only time will tell if the civil religion that ignited the flames of unity can withstand the storms of division. But as the sun rises over the horizon, casting light on every corner of this diverse continent, the potential remains as vibrant as it is fragile — a testament to both the spirit and the struggles of Europe.