The Rule of Law Crisis and FdI (Brothers of Italy) in the International Arena

In light of recent tensions between the EU and the USA, this paper examines the role of Brothers of Italy (FdI) in foreign policy, particularly its positions and activities in the international arena. It focuses on Giorgia Meloni's evolving stance on the rule of law, with regard to the USA's presidential positions that appear to dismiss aspects of the post-war liberal order and international law, and question the democratic credentials of the EU. The EU has responded by reasserting the centrality of the rule of law and its current interpretation. Faced with this contrast, EU sovereignists have reacted in different ways. These reactions are not well documented but are important since these parties are now a sizeable component of European politics in member states and at the supranational level. This paper seeks to evaluate the range of reactions in FdI, which is now the leading force in the Italian government and a significant force at EU level. The paper uses textual analysis of Meloni's discourses on international and European issues, with reference to accusations against the US of infringing the rule of law. FdI positions have varied, ranging from minimising infringements and denying they have occurred to seeking a reconciliation of positions and, in some instances, siding with the EU stance against US views. They have evolved, with the party attempting to play a bridging role between other and generally more critical EU countries and the US. FdI shifting positions illuminate its views of the rule of law and the nature of what has been regarded as the ‘rule of law’ crisis of the EU. The paper begins by briefly tracing developments from FdI's founding in 2012 through the 2022 national and 2024 European elections. It then discusses the party's institutionalisation and transformation from a small and strongly anti-system party into a more institutionalised actor, while preserving its right-populist and Atlanticist orientation. It highlights FdI's deliberate ambiguity and adaptability, showing how "chameleonic" traits enable populist parties such as FdI to operate across political arenas – particularly the domestic and EU arenas. Meloni's positions on the rule of law are documented, and ambiguities and transformations are identified before and during the current crisis of relations between the EU and the US. It is noted that the FdI’s characteristic enemy-thinking shapes its views on the rule of law, which it sees as a construct supported by adversarial elites to be tamed, particularly the judiciary. A minimalist view of the rule of law prevails, in which free elections are seen as sufficient guarantees that the winning party has free rein over policies endorsed by the majority, regardless of constitutional guarantees and protections for pluralist views. Violations of the rule of law come to justify illiberal stances that align the party with like-minded sovereignist allies, such as Hungary in the EU arena. However, it is argued that when conflicts arise with international allies, the constitutional protections provided by the rule of law are revisited, and distinctions emerge.