Reinforcement of the Rule of Law Oversight in the European Union: Key Options

Werner Schröder (ed.), Strengthening the Rule of Law in Europe: From a Common Concept to Mechanisms of Implementation, Hart Publishing, Oxford, 2015, Forthcoming

20 Pages Posted: 11 Aug 2015  

Carlos Closa

Consejo Superior de Investigaciones Científicas (CSIC)

Dimitry Kochenov

University of Groningen - Faculty of Law

Date Written: August 6, 2015

Abstract

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

Suggested Citation

Closa, Carlos and Kochenov, Dimitry, Reinforcement of the Rule of Law Oversight in the European Union: Key Options (August 6, 2015). Werner Schröder (ed.), Strengthening the Rule of Law in Europe: From a Common Concept to Mechanisms of Implementation, Hart Publishing, Oxford, 2015, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2640695

Carlos Closa (Contact Author)

Consejo Superior de Investigaciones Científicas (CSIC) ( email )

Calle Albasanz 26-28
Madrid, Madrid 28037
Spain

Dimitry Kochenov

University of Groningen - Faculty of Law ( email )

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

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