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Expect the Best, Prepare for the Worst? EU Council Anticipation of rule of law Challenges During the Hungarian Presidency

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  • Gisela Hernández

Abstract

Research has solidly established that the presidency of the Council of the European Union can significantly influence the Council's activity. However, it has not yet explained whether, why and how Council actors anticipate the different national executives scheduled to lead them. I explore this gap through an extreme case: the Hungarian presidency (second semester 2024) and rule‐of‐law (RoL) enforcement. Findings reveal that anticipation exists, although it manifests informally, and is triggered by repeated consensus breaches. Trio arrangements, agenda shaping and issue linkage can help address topic exclusion but remain constrained by the presidency's decision‐making power and co‐ordination limits. Empirically, I trace anticipation using evidence from elite interviews with key actors. This work contributes to the RoL crisis literature by shifting the focus to how EU institutions anticipate, not react to, illiberal challenges, with implications for institutional resilience, mutual trust and the neutrality of the presidency.

Suggested Citation

  • Gisela Hernández, 2026. "Expect the Best, Prepare for the Worst? EU Council Anticipation of rule of law Challenges During the Hungarian Presidency," Journal of Common Market Studies, Wiley Blackwell, vol. 64(2), pages 669-692, March.
    • Handle: RePEc:bla:jcmkts:v:64:y:2026:i:2:p:669-692
    DOI: 10.1111/jcms.70009
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    1. Stéphanie Novak, 2013. "The Silence of Ministers: Consensus and Blame Avoidance in the Council of the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 51(6), pages 1091-1107, November.
    2. James P Cross & AustÄ— VaznonytÄ—, 2020. "Can we do what we say we will do? Issue salience, government effectiveness, and the legislative efficiency of Council Presidencies," European Union Politics, , vol. 21(4), pages 657-679, December.
    3. Daniel Naurin, 2017. "The Puzzle of Transparency Reforms in the Council of the EU," Politics and Governance, Cogitatio Press, vol. 5(3), pages 87-90.
    4. Checkel, Jeffrey T., 2005. "International Institutions and Socialization in Europe: Introduction and Framework," International Organization, Cambridge University Press, vol. 59(4), pages 801-826, October.
    5. Jonas Tallberg, 2004. "The Power of the Presidency: Brokerage, Efficiency and Distribution in EU Negotiations," Journal of Common Market Studies, Wiley Blackwell, vol. 42(5), pages 999-1022, December.
    6. Diana Panke & Julia Gurol, 2018. "Small States as Agenda‐setters? The Council Presidencies of Malta and Estonia," Journal of Common Market Studies, Wiley Blackwell, vol. 56(S1), pages 142-151, September.
    7. van Gruisen, Philippe & Crombez, Christophe, 2021. "The Commission and the Council Presidency in the European Union: Strategic interactions and legislative powers," European Journal of Political Economy, Elsevier, vol. 70(C).
    8. March, James G. & Olsen, Johan P., 1998. "The Institutional Dynamics of International Political Orders," International Organization, Cambridge University Press, vol. 52(4), pages 943-969, October.
    9. David Bostock, 2002. "Coreper Revisited," Journal of Common Market Studies, Wiley Blackwell, vol. 40(2), pages 215-234, June.
    10. van Gruisen, Philippe & Vangerven, Pieterjan & Crombez, Christophe, 2019. "Voting Behavior in the Council of the European Union: The Effect of the Trio Presidency," Political Science Research and Methods, Cambridge University Press, vol. 7(3), pages 489-504, July.
    11. repec:bla:jcmkts:v:45:y:2007:i::p:1135-1157 is not listed on IDEAS
    12. Beyers, Jan, 2005. "Multiple Embeddedness and Socialization in Europe: The Case of Council Officials," International Organization, Cambridge University Press, vol. 59(4), pages 899-936, October.
    13. Robert Thomson, 2008. "The Council Presidency in the European Union: Responsibility with Power," Journal of Common Market Studies, Wiley Blackwell, vol. 46(3), pages 593-617, June.
    14. Lewis, Jeffrey, 2005. "The Janus Face of Brussels: Socialization and Everyday Decision Making in the European Union," International Organization, Cambridge University Press, vol. 59(4), pages 937-971, October.
    15. repec:bla:jcmkts:v:46:y:2008:i::p:593-617 is not listed on IDEAS
    16. Bo Bjurulf & Ole Elgström, 2004. "Negotiating Transparency: The Role of Institutions," Journal of Common Market Studies, Wiley Blackwell, vol. 42(2), pages 249-269, June.
    17. Hall, Peter A. & Taylor, Rosemary C. R., 1996. "Political science and the three new institutionalisms," MPIfG Discussion Paper 96/6, Max Planck Institute for the Study of Societies.
    18. Mads Dagnis Jensen & Peter Nedergaard, 2014. "Uno, Duo, Trio? Varieties of Trio Presidencies in the Council of Ministers," Journal of Common Market Studies, Wiley Blackwell, vol. 52(5), pages 1035-1052, September.
    19. Andreas Warntjen, 2007. "Steering the Union. The Impact of the EU Presidency on Legislative Activity in the Council," Journal of Common Market Studies, Wiley Blackwell, vol. 45(5), pages 1135-1157, December.
    20. Daniel Naurin, 2017. "The Puzzle of Transparency Reforms in the Council of the EU," Politics and Governance, Cogitatio Press, vol. 5(3), pages 87-90.
    21. Fiona Hayes‐Renshaw & Wim Van Aken & Helen Wallace, 2006. "When and Why the EU Council of Ministers Votes Explicitly," Journal of Common Market Studies, Wiley Blackwell, vol. 44(1), pages 161-194, March.
    22. Ramona Coman, 2024. "Backsliding Populist Governments in the Council: The Case of the Hungarian Fidesz," Politics and Governance, Cogitatio Press, vol. 12.
    23. Lucia Quaglia & Edward Moxon‐Browne, 2006. "What Makes a Good EU Presidency? Italy and Ireland Compared," Journal of Common Market Studies, Wiley Blackwell, vol. 44(2), pages 349-368, June.
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