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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