Rule of Law in Europe: Perspectives from Judge John MacMenamin

This podcast explores the importance of the rule of law as a fundamental value of the EU and its role in ensuring the future of the EU. In conversation with IIEA Researcher, Heather Burke, retired Supreme Court Judge, John MacMenamin discusses the internal and external issues facing Europe and its liberal democratic model. He emphasises that a healthy democracy relies on active participation in the democratic project, not only passive acceptance of the rule of law as an abstract principle. Offering insights into the role of the EU as a champion of the rule of law, Judge MacMenamin discusses how the EU must use tools such as the Article 7 procedure and the Rule of Law conditionality mechanism to their full potential. However, developing a sense of trust and ensuring subtlety when dealing with illiberal democracies must also be emphasised, lest the EU’s actions enhance the standing of populist, nationalist leaders. Judge MacMenamin considers that we must always draw a fundamental distinction between the policies of political parties and the neutrality of the institutions of the rule of law and democracy. The former may change based on the democratic will of the people, but the latter must always be protected. The ideal of the rule of law is one that is close to the human spirit, and Judge MacMenamin concludes by reflecting on its success being a matter of connecting with people, as a bottom-up, democratic process.