Democratic Frontsliding in the European Union: The Problem of Autocratic Enclaves and the Case for Restorative Disobedience

After countless warnings of a democratic recession, there are glimmers of democratic renewal, especially in the European Union. As an illiberal government in Poland was voted out of office, policymakers began debating how to restore liberal democracy and what role the EU should play. We answer by theorizing “democratic frontsliding” – the piecemeal restoration of liberal democratic institutions and practices after a period of democratic erosion – and explain how obstructions to frontsliding can be overcome, leveraging Poland as a case study. Frontsliding confronts the problem of “autocratic enclaves:” illiberal elites who survive a democratizing election and wield their institutional powers to obstruct democratization. To dismantle autocratic enclaves, we argue that a government may need transgressive acts of defiance and conscientious rule-breaking, which we call “restorative disobedience.” We develop normative criteria for restorative disobedience to prevent its abuse and explain how the EU can mandate, incentivize, and support restorative disobedience.