Member states’ differential support for rule of law enforcement in the council of the EU

This article examines Member States' support for rule of law (RoL) enforcement in the Council of the European Union (the Council). Existing studies regarding this topic produce puzzling findings: there is a stable pro-RoL enforcement coalition between older Member States, while the positions of the newer members appear to be more nuanced in relation to different RoL issues and instruments. This article seeks to elucidate the factors underlying these divergent positions and proposes a solution to this puzzle by introducing the conceptualisation of Member States' ‘differential support’ for RoL enforcement. Furthermore, it develops a theoretical framework to explain various factors influencing these positions. By analysing Member States' stances on five RoL instruments designed for the promotion and protection of the RoL in the Union, this article demonstrates that the positions of new Member States on RoL enforcement are more stable than often perceived. Additionally, an in-depth qualitative analysis of Member States' arguments reveals that strategic calculations largely influence their positions on RoL enforcement within the Council.