Europe shows need for effective action to foster rule of law

Reviewing Simon Kuper’s story about the Treaty of Versailles in 1919 (FT Magazine, January 5) including the controversial redefining of borders by the allied powers, represented by Lloyd George, Woodrow Wilson and Georges Clemenceau, together with Tony Barber’s piece on the undermining of the rule of law in Romania in the same edition ( “Old wounds fester as Romania assumes EU presidency”), one wonders just how much progress has been made in the past 100 years.

Hungarians in particular still question the loss of part of their territory under the Treaty of Trianon, which was in effect a subsidiary part of the Treaty of Versailles. Almost a century after this loss of self-determination, could Hungary’s experience perhaps in some way account for the country’s current wave of “illiberal democracy”, including the government’s undermining of press freedom and other institutions?

Perhaps evidence of some progress is the fact that there are institutions in the EU which can address current rule of law issues, or at least an attempt to do so can be made, and Mr Kuper reminded us that the League of Nations set up in 1920 proved to be an ineffective forum for the resolution of international disputes.

Perhaps a recent example of today’s democracy is the Polish government being ordered by the European Court of Justice to reinstate 12 judges the government had planned to retire, including the fact that there would seem to be grudging acceptance of this “foreign ruling” by the Polish government. Hungary is now facing similar action by the EU.

Much has been written about the prosperity and security of the UK after it leaves the EU, with perhaps less debate about rule of law issues, during a period in which the rule of law is under threat globally. This may suggest that Britons are confident in our institutions, including the judiciary, regardless of the outcome of Brexit. It may also reflect scepticism about the ability of foreign judges to rule on domestic matters (a key issue for Brexiters), despite evidence that the ECJ does generally act as an effective and democratic check on the activities of EU members and EU institutions, not to mention US global technology companies.

Keith Corkan
Richmond upon Thames, Surrey, UK