Historical Background of LIBE I The rise of illiberal democracies: Defending civil liberties at a time of crisis of the Western model. Over the past decade, some populist governments have been thwarting the democratic order by undercutting the division of powers, neutralising the judicial systems and actively engaging in propaganda. What steps should be taken to protect citizens’ rights, thus living up to the Council of Europe’s fundamental values? In 1997, Fareed Zakaria wrote an essay titled “the Rise of Illiberal Democracy” in Foreign Affairs, arguing that democracy and liberalism do not necessarily go together, and indeed, there was a trend of them growing further apart. Democracy refers to how leaders in government are chosen, that is, through a system of voting and popular participation. Democracy can be liberal or illiberal, as long as there is a system of popular voting. Liberalism is understood as the protection of individual rights, against the abuses of a ruler, which in the case of democracies can be the majority. In the West, democracy is linked to civil liberties (such as freedom of speech, of the press, of assembly, protection of minorities), through constitutional liberalism, that is, these civil liberties and the rule of law are enshrined in the constitution. However, this is not automatic, and although we can be tempted to think of democracy as a system to guarantee freedom, it is not necessarily the case. In illiberal democracies, the government can be corrupt and limit civil liberties, if such is
the will of the majority of voters, and other values prioritized. Illiberal rulers can thus be democratically elected and even popular. This trend of illiberal democracies described in 1997 has many examples today, with for example Turkey, China, or Russia. It also has examples within the EU, most notably with Hungary under the leadership of Viktor Orbán, who explicitly endorsed this term and vision for government. His government has taken steps to control the judiciary, the press, civil society and universities. Under the argument of protected national sovereignty, they have greatly limited access to funds for NGOs, especially coming from abroad, and pushed out Central European University, a high quality institution unique in the region, through a targeted law and a smear campaign against its founder, George Soros. Orbán even changed the Hungarian constitution to reflect the illiberal values he defends.