Elephants in the Room: The European Commission’s 2019 Communication on the Rule of Law

The Hague Journal of the Rule of Law, Vol 11, 2019 pp. 423-438

University of Groningen Faculty of Law Research Paper No. 38/2019

17 Pages Posted: 24 Aug 2019 Last revised: 2 Dec 2019

See all articles by Dimitry Kochenov

Dimitry Kochenov

University of Groningen - Faculty of Law; Princeton University - Woodrow Wilson School of Public and International Affairs

Date Written: August 22, 2019

Abstract

This contribution honouring Prof. Martin Krygier scholarship provides a brief critical reading of the European Commission’s July 2019 Communication on the Rule of Law (COM(2019) 343 final). It argues that although the Commission’s effort is welcome, the Communication fails to correctly identify the core problem related to the Rule of Law in the EU, which is the constitutional capture in the illiberal regimes. The failure to identify the core problem with unequivocal precision and spell out its key elements as well as dissect its causes undermines the likely effectiveness of the tools proposed by the Commission to address the unnamed and unanalyzed ongoing Rule of Law concerns. Consequently, the Communication is lacking in vital essentials, if not vacant at the core.

Keywords: COM (2019) 343 final, Rule of Law, EU Law, Illiberal democracy, EU values, enforcement, Poland, Hungary

Suggested Citation

Kochenov, Dimitry, Elephants in the Room: The European Commission’s 2019 Communication on the Rule of Law (August 22, 2019). The Hague Journal of the Rule of Law, Vol 11, 2019 pp. 423-438; University of Groningen Faculty of Law Research Paper No. 38/2019. Available at SSRN: https://ssrn.com/abstract=3440957

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

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

Princeton University - Woodrow Wilson School of Public and International Affairs ( email )

412 Robertson Hall
Princeton, NJ 08544-1021
United States

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