Scrutiny Over the Rule of Law in the European Union

Polish Yearbook of International Law, Vol. 36 (2016), pp. 187-208

25 Pages Posted: 18 Sep 2017

See all articles by Petra Bard

Petra Bard

Central European University (CEU)

Date Written: August 24, 2017

Abstract

The European Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 of the Treaty on the European Union. Whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise respect of these foundational principles after accession. This gap needs to be filled, since history proved that EU Member State governments’ adherence to foundational EU values cannot be taken for granted. Against this background this article assesses the need and possibilities for the establishment of an EU Scoreboard on EU values; viable strategies and procedures to regularly monitor all Member States’ compliance with the rule of law on an equal and objective basis; and the nature of effective and dissuasive sanction mechanisms foreseen for rule of law violators.

Keywords: European Union, fundamental rights, Hungary, Poland, rule of law

JEL Classification: K33

Suggested Citation

Bard, Petra, Scrutiny Over the Rule of Law in the European Union (August 24, 2017). Polish Yearbook of International Law, Vol. 36 (2016), pp. 187-208, Available at SSRN: https://ssrn.com/abstract=3025951

Petra Bard (Contact Author)

Central European University (CEU) ( email )

Nador utca 9
Budapest, H-1051
Hungary

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