Rule of Law or Rule of Norms? : Informal Institutions and their Role for Democratic Resilience

This paper delves into the intricate interplay between formal and informal institutions in contemporary European political landscapes. It investigates the vital role of informal institutions in supplementing and at times circumventing the formal rules that define the parameters of political functioning. The study identifies four key manifestations of the ascendant influence of informal institutions within recent European dynamics. First, the encroachment of aggressive populism and extremist discourse erodes the authority of formal institutions, challenging their efficacy and integrity. Second, alternative societal and elite behaviours emerge that contest the reinforcing functions previously upheld by informal institutions, thereby prompting a reconsideration of their impact. Third, the increasing scrutiny of informal institutions perpetuating discriminatory practices aligns with the contemporary emphasis on upholding democratic values and civil rights. Fourth, the paper elucidates the role of informal institutions in the (de-)democratization of post-communist states. The study underscores the imperative to not only analyse and aim to enact formal changes but also to delve into the resilient local practices and norms that shape the political landscape.