Reinforcing Rule of Law Oversight in the European Union

43 Pages Posted: 4 Mar 2014 Last revised: 5 Mar 2014

Carlos Closa

Consejo Superior de Investigaciones Científicas CSIC

Dimitry Kochenov

University of Groningen - Faculty of Law

J. H. H. Weiler

New York University School of Law

Date Written: March 4, 2014

Abstract

This paper provides a critical overview of options available to the EU to deal with the Rule of Law crisis in some of the Member States. The options it engages with were offered and discussed by a handful of the leading experts in the field and drawing on the critical EUI discussion, the first part of the paper tackles the following questions:

1. Why should the EU reinforce the oversight of Member States’ Rule of Law performance?

2. Are there sufficient legal bases for such oversight – should a reform of the Treaties be required?

3. What kind of procedure could be designed to meet the need of such oversight?

4. Which body should be entrusted with the oversight function?

The second part provides a word of caution warning of the possible problems related to the EU's involvement with the constitutional core of the Member States.

Keywords: EU Law, Rule of Law, Values, Article 2 TEU, Enforcement, Copenhagen Commission, Democracy, Hungary, Romania, Constitutionalism, Greece

Suggested Citation

Closa, Carlos and Kochenov, Dimitry and Weiler, J. H. H., Reinforcing Rule of Law Oversight in the European Union (March 4, 2014). Robert Schuman Centre for Advanced Studies Research Paper No. 2014/25. Available at SSRN: https://ssrn.com/abstract=2404260

Carlos Closa

Consejo Superior de Investigaciones Científicas CSIC ( email )

Calle Albasaz
26-28
Madrid, 28075
Spain

HOME PAGE: http://www.ipp.csic.es

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

Joseph H. H. Weiler

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Paper statistics

Downloads
505
Rank
42,730
Abstract Views
3,984