Reinforcement of the Rule of Law Oversight in the European Union: Key Options
Werner Schröder (ed.), Strengthening the Rule of Law in Europe: From Common Concept to Mechanisms of Implementation, Hart Publishing, Oxford, 2016, pp. 173-196.
20 Pages Posted: 11 Aug 2015 Last revised: 7 Mar 2018
Date Written: August 6, 2015
Ensuring that the EU can efficiently address the problems caused by its own Member States' failure to comply with the foundational values of the Union and, in particular, the Rule of Law, requires establishing, first of all, the normative foundation for enhanced EU monitoring and enforcement of the foundational values of Article 2 TEU – with a particular emphasis on the Rule of Law – in the Member States (I.). Then, secondly, the legal basis making the growing EU’s role possible must be identified and scrutinised (II.). Once this is done, thirdly, the procedural issues of the day-to-day operation of EU’s involvement with the values are to be addressed (III.). In this context, a clearly-designed procedure should identify the actors involved, their functions and roles, as well as the different stages in the process. This chapter outlines concrete options available to the EU with regard to each of the three issues we are concerned with, also explaining what the pros and the cons of each of the choices are. The chapter gives a pretaste of some key-ideas discussed in C. Closa and D. Kochenov (eds.) 'Reinforcing the Rule of Law Oversight in the European Union' (Cambridge University Press, 2015 (forthcoming)).
Keywords: EU Law, Rule of Law, values, enforcement, Article 7, principles of law
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