Understanding the best practices in the area of the rule of law

Abstract

This paper, written by Barbara Grabowska-Moroz with the assistance of Dimitry Kochenov and Carlos Closa analyses the main rule of law practices in the EU, looking both at the EU Member States and the EU institutions. It introduces three types of practices: institutional, procedural and political ones. The Annex contains a detailed analysis of each Member State's position regarding Article 7 TEU procedure. The ongoing rule of law crisis confirmed old truth that the rule of law is truly a practical concept. The existing “rule of law checklists” theoretically make it possible to evaluate the state of the rule of law in a specific country. However, oversimplified checklists can pose a threat by legitimizing governments and instittuions / practices undermining the rule of law. Not all rule of law institutions fulfil their key function to limit public power. Given that obeying the rule of law is rarely in the spotlight, rich and detailed context-based assessment is always required. This research confirms that both positive and negative practices tend to be interconnected. Furthermore, individual practices and legal developments (amendments) taken in isolation are unable to provide a broader picture unless the combined effect of overall elements is carefully considered. As the EU's rule of law crisis is on-going, meticulous contextualisation of each national and supranational rule of law-related development is thus absolutely indispensable to achieve full understanding and compliance.