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
Date Written: August 24, 2017
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: Suggested Citation