Open Access
Upholding the rule of law in the EU : on the Commission's 'pre-article 7 procedure' as a timid step in the right direction
Loading...
Files
RSCAS_2015_24.pdf (512.64 KB)
Full-text in Open Access
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1028-3625
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
Author(s)
Citation
EUI RSCAS; 2015/24; Global Governance Programme-164; Global Economics
Cite
KOCHENOV, Dimitry, PECH, Laurent, Upholding the rule of law in the EU : on the Commission’s ‘pre-article 7 procedure’ as a timid step in the right direction, EUI RSCAS, 2015/24, Global Governance Programme-164, Global Economics - https://hdl.handle.net/1814/35437
Abstract
This paper provides a detailed analysis of two institutional reforms, respectively put forward by the European Commission in March 2014 and by the Council of the EU in December 2014 – on how to tackle the problem of Member States’ non-compliance with the principle of the rule of law, which is one of the fundamental values of the Union according to Article 2 TEU. It is submitted that while both proposals definitely represent a timid step in the right direction, the Commission’s ‘light-touch’ proposal falls short of what is required to effectively address ongoing and serious threats to the rule of law within the EU but is however clearly preferable to the Council’s alternative proposal to hold an annual rule of law dialogue among all Member States within the Council itself.
Table of Contents
Additional Information
A revised and enlarged version of this EUI Working Paper has in August 2015 been accepted for publication in European constitutional law review (EuConst), 2015, Vol. 11, (No. 3).