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March 12, 2026Common Market Law Review0 citations

All lawyers are needed to defend the rule of law and democracy against illiberal regimes in the EU

LKLando Kirchmair

Key Points

  • The essay aims to highlight the underestimation of threats to the rule of law and democracy in Europe.
  • Literature review on legal and political analysis
  • Examination of examples from EU Member States
  • Discussion of lawyers' roles in democracy and legal culture
  • Identifies gradual erosion of the rule of law in various EU regions
  • Emphasizes collective responsibility of lawyers
  • Highlights disconnection between legal practice and democratic ideals

Abstract

Despite growing attention from academics and the media, this essay warns that the threat to the rule of law and democracy in Europe is still being underestimated. The illiberal regime crisis is difficult to grasp because it manifests itself less in clear violations of the law and more so in the gradual erosion of the culture of the rule of law, which is often only noticeable when it is too late. There are numerous examples of erosion in several EU Member States – and in the EU itself. Countering erosion is a common undertaking of all lawyers. Thus it is all lawyers who need to take responsibility and ask whether the culture of the rule of law still aligns with democratic ideals in all areas of their expertise and day-to-day practice.

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Cite This Study

Lando Kirchmair (2026) studied this question.

synapsesocial.com/papers/69b258a396eeacc4fcec88c0https://doi.org/10.54648/cola2026013
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