Rule of Law Conditionality in the EU Budget: National Experiences
Abstract
On the occasion of the adoption of the European Union’s general budget for the 2021-2027 period, together with the Recovery Plan for Europe, a conditionality clause was introduced, making the transfer of EU funds subject to adherence to the rule of law and thereby strengthening the set of instruments available for its safeguarding. This article adopts a reflective approach to these protection mechanisms within the EU context. First, it examines the legal framework that empowers European institutions to intervene in the face of democratic backsliding in Member States. It then considers the so-called “financial route” as a compliance strategy, with particular attention to the conditionality established in Regulation 2020/2092. Likewise, it reviews the main aspects of the confrontations between the governments of Poland and Hungary and the European authorities regarding fundamental values, assessing the extent to which this Regulation contributes to reinforcing democratic conditionality at the EU level. Finally, a synthesis of the obtained results is presented.
Received: 20 April 2026
Accepted: 1 June 2026
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Last update: 26/10/2026
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