Open Access
Is the EU toothless? : an assessment of the EU rule of law enforcement toolkit
Loading...
Files
MTA-LAW-2022-8.pdf (1.51 MB)
Full-text in Open Access
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
2064-4515
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Citation
MTA Law Working Papers; 2022/08
Cite
BÁRD, Petra Dóra, CHRONOWSKI, Nóra, FLECK, Zoltán, KOVÁCS, Ágnes, KÖRTVÉLYESI, Zsolt, MÉSZÁROS, Gábor, Is the EU toothless? : an assessment of the EU rule of law enforcement toolkit, MTA Law Working Papers, 2022/08 - https://hdl.handle.net/1814/74523
Abstract
This paper lists and critically assesses European Rule of Law enforcement instruments. It argues that these could have provided dissuasive responses to severe and systemic Rule of Law violations in Hungary, had they been applied consequently, promptly, and in a coordinated manner. But they have not been used, or not effectively, or not in a timely manner. To prove this point, Hungarian cases of Rule of Law violations are listed and analysed, pointing out instances where European enforcement tools were applied; where they were applied, but could have been employed more efficiently; and where they could have been applied, had there been a political will to do so. Based on the assessment, authors consider infringement procedures and the rule of law conditionality mechanism to be the most effective tools of enforcement, and encourage the Commission to follow academic proposals and bundle cases to show and adequately respond to the systemic nature of autocratisation, where interconnected instances of Rule of Law violations mutually reinforce each other.