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The rule of law is not negotiable. If countries want to be part of the European Union, they must respect democratic values and independent judiciary.

Mark Rutte

EU summit remarks on Poland and Hungary, **2021** · Checked on 26 February 2026
The rule of law is not negotiable. If countries want to be part of the European Union, they must respect democratic values and independent judiciary.

Analysis

The statement aligns with the **Treaty on European Union (TEU) Article 2**, which mandates that all member states uphold democracy, the rule of law, and human rights as *non-negotiable* membership conditions. The **European Commission** and **Court of Justice of the EU (CJEU)** have repeatedly affirmed this principle, including in **2020-2021 rulings** targeting Poland and Hungary over judicial independence violations (e.g., *Case C-791/19* on Poland’s disciplinary regime for judges). Rutte’s framing mirrors **official EU summit conclusions** and **European Parliament resolutions** from 2020–2021, which explicitly tied EU funding and membership rights to rule-of-law compliance. No credible evidence suggests his statement misrepresented EU policy.

Background

The EU’s rule-of-law mechanism, strengthened in **2020**, allows financial sanctions for member states violating democratic norms. Poland and Hungary faced **Article 7 proceedings** (2017 and 2018, respectively) for undermining judicial independence, with the **CJEU ruling in February 2022** (after Rutte’s statement) upholding the legality of conditioning EU funds on rule-of-law adherence. Rutte’s remarks occurred amid **2021 budget disputes** where Poland/Hungary vetoed the EU’s €1.8 trillion budget over rule-of-law conditions, later resolved via compromise.

Verdict summary

Mark Rutte’s 2021 statement accurately reflects the EU’s longstanding rule-of-law requirements, as enshrined in Article 2 TEU and reinforced by multiple EU institutions and legal rulings.

Sources consulted

— Treaty on European Union (Article 2), Consolidated Version 2016 (EUR-Lex: 12016M002)
— European Commission, *2020 Rule of Law Report* (COM/2020/580 final) & *2021 Rule of Law Report* (COM/2021/700 final)
— Court of Justice of the EU, *Judgment in Case C-791/19* (16 February 2022) on Poland’s judicial disciplinary regime
— European Parliament, *Resolution on the Rule of Law in Poland* (2021/2643(RSP)), 10 March 2021
— Council of the EU, *Conclusions on the Rule of Law* (1–2 October 2020) & *General Affairs Council remarks* (22 June 2021)
— Reuters, *'EU leaders agree budget compromise after Poland, Hungary drop veto'* (10 December 2020)