Rule of Law or Rule of Thumb? A New Copenhagen Mechanism for the EU

CEPS Policy Briefs No. 303

7 Pages Posted: 28 Nov 2013

See all articles by Sergio Carrera

Sergio Carrera

Centre for European Policy Studies

Elspeth Guild

Radboud University Nijmegen - Faculty of Law; Kingsley Napley - Department of Immigration; The British Institute of International and Comparative Law; London School of Economics & Political Science (LSE)

Nicholas Hernanz

Centre for European Policy Studies (CEPS)

Date Written: November 20, 2013

Abstract

This Policy Brief synthesises the main research findings and policy recommendations presented in the CEPS e-book entitled The Triangular Relationship between Fundamental Rights, Democracy and Rule of Law: Towards an EU "Copenhagen Mechanism". The authors examine the ways in which the European Union could strengthen and develop its competences in the assessment of member states' fundamental rights, democracy and rule of law commitments. They argue that a strong political impetus is needed at Union level in order to set up a new supervisory "Copenhagen Mechanism" that would effectively and periodically evaluate member states' compliance with democratic rule of law with fundamental rights on the basis of independent academic expertise, and by ensuring a high level of democratic accountability and judicial oversight at European levels. The Policy Brief also aims at summarising CEPS' contribution to the upcoming Conference "Assises de la Justice: Shaping Justice Policies in Europe for the Years to Come" organised by the European Commission in Brussels on 21-22 November 2013.

Keywords: rule of law, Copenhagen Mechanism, EU, fundamental rights, democracy

Suggested Citation

Carrera, Sergio and Guild, Elspeth and Hernanz, Nicholas, Rule of Law or Rule of Thumb? A New Copenhagen Mechanism for the EU (November 20, 2013). CEPS Policy Briefs No. 303. Available at SSRN: https://ssrn.com/abstract=2360467

Sergio Carrera (Contact Author)

Centre for European Policy Studies ( email )

1 Place du Congres
B-1000 Brussels, 1000
Belgium
+32 2 229 39 26 (Phone)

Elspeth Guild

Radboud University Nijmegen - Faculty of Law ( email )

Postbus 9049
6500 KK Nijmegen
Netherlands
024-3611357 (Phone)
024-3611423 (Fax)

Kingsley Napley - Department of Immigration ( email )

Knight's Quarter
14 St. John's Lane
London EC1M 4AJ
United Kingdom
+44 (0)20 7814 1200 (Phone)
+44 (0)20 7490 2288 (Fax)

HOME PAGE: http://www.kingsleynapley.co.uk/our-people/the-partners/elspeth-guild.htm

The British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

London School of Economics & Political Science (LSE)

Houghton Street
London, WC2A 2AE
United Kingdom

Nicholas Hernanz

Centre for European Policy Studies (CEPS) ( email )

1 Place du Congres, 1000
Brussels, 1000
Belgium

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