The rhetoric of inaction: failing to fail forward in the EU's rule of law crisis. Issue 10 (3rd October 2021)

• Record Type: Journal Article
• Authors: Emmons, Cassandra; Pavone, Tommaso
• Is Part Of: Journal of European public policy. Volume 28:Issue 10(2021)
• Page Start: 1611
• Page End: 1629
• Publication Date: 2021-10-03
• Subjects: Rule of law -- democratic backsliding -- European Union -- rhetorical action -- discursive institutionalism -- failing forward; European Union countries -- Politics and government -- Periodicals; Political planning -- European Union countries -- Periodicals; Politique publique -- Pays de l'Union européenne -- Périodiques; Pays de l'Union européenne -- Politique et gouvernement -- Périodiques; 361.61094
• DOI: 10.1080/13501763.2021.1954065
• Languages: English
• ISSNs: 1350-1763

Abstract

ABSTRACT: In the EU, political crises often serve as catalysts for policymaking and 'failing forward'. Yet as a breakdown of the rule of law has swept some member states, EU institutions have repeatedly failed to react. We argue that this outcome is partly tied to how political elites strategically mobilize rhetoric to legitimate stasis during crises. Building on theories of rhetorical action and discursive institutionalism, we rectify their bias for change and draw on Albert Hirschman's work to theorize 'rhetorics of inaction': A coordinative discourse wielded by national and supranational actors to reconcile divergent preferences and justify stasis by appealing to the very policies and values threatened by crisis. We specify the conditions under which rhetorics of inaction are most likely to pervade EU policymaking and illustrate the theory's explanatory purchase in a case study of the EU's (non-)responses to the constitutional breakdowns of Hungary and Poland. By tracing the discursive interactions between EU and government policymakers, we demonstrate that populist and partisan affronts on the EU conceal far more sophisticated and obstructive argumentative strategies behind-the-scenes. We conclude that rhetorical politics are central to understanding the EU's failure to respond to crises and elaborate avenues for future research.