The Rhetoric of Inaction: Failing to Fail Forward in the EU’s Rule of Law Crisis August 31, 2020 Cassandra Emmons Tommaso Pavone (corresponding author) Postdoctoral Fellow Postdoctoral Fellow Weatherhead Center for International Affairs PluriCourts Centre Harvard University University of Oslo
[email protected] [email protected] http://cvemmons.wixsite.com/website https://www.tommasopavone.com/ Abstract: In the European Union (EU), political crises often serve as catalysts for policymaking. Yet as an alarming breakdown of the rule of law has swept some EU member states, EU institutions have failed to act effectively to safeguard Europe's legal order. We argue that this outcome is of a piece with the ways that political elites strategically mobilize rhetorical frames to oppose transnational policymaking. Drawing on theories of rhetorical action and Albert Hirschman's work, we identify what we call ‘rhetorics of inaction’ and the conditions under which they are most likely to legitimate passivity in the face of crisis. We illustrate the theory's explanatory purchase through an in-depth case study of the EU's (non-)responses to the constitutional breakdowns of Hungary and Poland. By process tracing internal communications between EU institutions and Hungarian and Polish officials, we show how the latter's fiery public attacks on the EU conceal far more credible and effective argumentative strategies behind the scenes. We conclude that the politics of rhetoric are central to the transnational politics of rule of law enforcement. Keywords: rule of law, democratic backsliding, European Union, rhetoric, failing forward Acknowledgements: We would like to thank Erik Jones, R.