INTRODUCTION

Much has been written of late about democratic backsliding in general and in Europe in particular. The phenomenon has led to a huge literature about what can or should be done to arrest or reverse the process, much of it concentrating on the European Union (EU), its emerging toolbox, and its reaction to recent developments in Hungary and Poland.

Curiously, the literature largely neglects the Council of Europe (CoE), which sees itself as the guardian of human rights, democracy, and the rule of law in broader Europe. This contribution seeks to remedy this lacuna. The contribution draws not only on the available academic literature and CoE documentation, but also on my personal experience as CoE Commissioner for Human Rights from April 2012 through March 2018.

As Bermeo notes, democratic backsliding is the'state-led debilitation or elimination of any of the political institutions that sustain an existing democracy’. The subversion of democratic norms or rules, the dismantling of the rule of law, and violations of human rights are distinct, but overlapping phenomena. For instance, if media freedom is seriously violated, it is difficult to speak of free elections. A politically dependent constitutional court can no longer serve as a check on the executive or provide an effective remedy to a victim of rights violations. In Europe backsliding has been characterised first and foremost by the destruction of democratic checks and balances, especially steps undermining the independence of the judiciary, government encroachments on the independence and pluralism of public service media, and pressures on commercial media or Non-Governmental Organisations (NGOs).