Article, Legal Procedure

Rule of Law enforcement in the EU: The Limits of the legal enforcement of Values

Jacob van de Beeten  

  1. Introduction

Increasingly, the EU is using Treaty instruments to enforce the common values of Article 2 Treaty on the European Union (TEU) – human dignity, freedom, democracy, equality, the rule of law and human rights – in recalcitrant Member States. With the adoption of the Sargentini report in the European Parliament, Hungary is now – like Poland – facing the Article 7(1) TEU procedure under which the European Council can determine the existence of a  “clear risk of a serious breach” of the rule of law. In response, Hungary has challenged the legality of the Parliament’s vote.

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Article, Legal Procedure

Upholding the rule of law in times of crisis: (ineffective) procedures under Article 7 TEU and possible solutions

Patricia Jaworek

Since 2016, the Polish parliament has introduced several new laws that challenge the very foundation of the Polish judicial system, particularly the Polish Supreme Court. These reforms not only represent a further step of the governing Law and Justice Party (PiS) in reducing the independence of the country’s judiciary, but they also pose a threat to one of the European Union’s most fundamental principles: The rule of law. Against this background, this paper shortly outlines the legal instruments available under EU law for securing the rule of law, discusses possible weaknesses of these measures and presents alternative approaches to redress existing violations.

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