The Bite, the Bark and the Howl Article 7 TEU and the Rule of Law Initiatives

The Enforcement of EU Law and Values: Ensuring Member States' Compliance, Edited by András Jakab and Dimitry Kochenov, Oxford University Press, 2016, Forthcoming

Amsterdam Centre for European Law and Governance Research Paper No. 2016-01

Amsterdam Law School Research Paper No. 2016-02

40 Pages Posted: 15 Jan 2016  

Leonard F. M. Besselink

University of Amsterdam - Amsterdam Centre for European Law and Governance

Date Written: January 15, 2016

Abstract

This paper describes and analyses the meaning of Article 7 TEU in relation to the so-called Rule of Law Initiatives of the EU Commission and Council.

It argues that the very identity of the foundational values of the Union and the Member States causes the impossibility of delimiting the scope of EU law from that of Member States when it comes to guaranteeing them. This explains the politically highly sensitive nature of doing so by action of EU institutions.

Notes: This working paper contains an earlier version of a paper that is to appear later in 2016 in: The Enforcement of EU Law and Values: Ensuring Member States' Compliance Edited by András Jakab and Dimitry Kochenov, Oxford University Press. This paper version was written between December 2014 and February 2015.

Keywords: EU constitutionalism, EU law, constitutional law, rule of law, constitutional foundations

JEL Classification: K33

Suggested Citation

Besselink, Leonard F. M., The Bite, the Bark and the Howl Article 7 TEU and the Rule of Law Initiatives (January 15, 2016). The Enforcement of EU Law and Values: Ensuring Member States' Compliance, Edited by András Jakab and Dimitry Kochenov, Oxford University Press, 2016, Forthcoming; Amsterdam Centre for European Law and Governance Research Paper No. 2016-01; Amsterdam Law School Research Paper No. 2016-02. Available at SSRN: https://ssrn.com/abstract=2715943

Leonard F. M. Besselink (Contact Author)

University of Amsterdam - Amsterdam Centre for European Law and Governance ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

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