OPINION
With the war raging in Ukraine, former Soviet states are increasingly worried about their security. Yet, Russia’s war is ongoing not only on the battlefield but also in the sphere of influence, politics, and institutions.
In recent years, the world has witnessed a lack of media freedom in Poland, anti-NATO sentiment in Romania, and most recently, an independent judiciary under threat in Latvia.
The only way for Europe to defend itself is to safeguard and foster its democratic freedoms and institutions. The principal aspect that underpins democracy is the separation of powers.
The countries in Europe’s East have a vivid memory of these powers being suppressed by their Soviet occupiers.
And yet, old practices are reemerging in a small Baltic country, Latvia, under the leadership of the Minister of Justice Inese Lībiņa-Egnere.
His appointment of prosecutor Juris Juriss as the judge of the country’s constitutional court highlights the fragility of Latvian democracy.
Not only was there no competition for the post but conflicts of interest that compromise the integrity of the court’s rulings appear to exist.
From 2021 onwards, Juriss led the Anti-Money Laundering Coordination Unit within the Criminal Law Department of the Prosecutor General’s Office.
The department is responsible for overseeing the criminal procedural norms now under review by the constitutional court.
Juriss' transition from defending his country’s money laundering provisions to evaluating their compatibility with the constitution, in addition to having trained the judges on the legal provisions he is responsible for assessing, is concerning insofar as it blurs the lines between the separation of powers in the country.
Latvia’s present-day issues have further implications for the EU.
The Court of Justice of the European Union (CJEU) recently issued a preliminary ruling that may necessitate changes to Latvia’s laws on confiscating criminal assets — a policy once staunchly defended by Juriss.
As a constitutional court judge, he will now need to determine whether Latvia should revise these laws, and given his strong convictions on the matter, the impartiality and future compliance with EU law is questionable.
Should Latvia fail to comply with EU law and correct its actions, the country may expose itself to a multitude of lawsuits. The reputational and financial costs could significantly harm the country of less than two million inhabitants.
The erosion of democratic norms in the Baltic country arrives at a worrisome time.
With the war in Ukraine, and Latvia strongly supporting Ukraine’s future EU membership, Riga needs to set an example for Kyiv, and so does the EU.
If European countries strive for Ukrainian victory and European integration, Ukraine must comply with EU norms.
But asking this from Kyiv is problematic when EU countries, such as Latvia, fail to maintain a separation of powers themselves.
Setting the right example for Ukraine becomes particularly important with the embattled nations still reeling from the Head of Ukraine's Supreme Court being held under detention for "large-scale corruption" in 2023.
If Europe wishes to protect itself and help Ukraine, conventional military defense will be insufficient. Baltic states clearly understand the need to improve their defense capabilities. Latvia spends 3.15% of its GDP on defense spending, up from just 0.94% a decade ago, making it the fourth largest in NATO.
Nevertheless, former Soviet states, as well as the rest of the EU, lack an understanding that to counter Russia they also need to preserve their democratic norms and institutions.
The incoming U.S. administration can play a critical role in ensuring that America’s European allies honor democratic values, lead by example, and defeat Russia on all fronts.
In addition to its robust judicial system and respect for the rule of law, the U.S. is prepared to take a step further into streamlining the efficiency of its governing system.
President-elect Donald Trump has introduced the new Department of Government Efficiency (DOGE) to be led by Elon Musk and Vivek Ramaswamy.
The department is expected to "dismantle government bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure federal agencies."
With the U.S. prepared to achieve optimal government efficiency, it's difficult to believe that Washington will accept domestic disarray in Europe.
Knowing this, European countries would be wise to address their internal challenges before requesting U.S. assistance with external ones.
Ivan Sascha Sheehan is a professor of Public and International affairs and the associate dean of the College of Public Affairs at the University of Baltimore. Opinions expressed are his own. Follow him on X @ProfSheehan