5 The difficulty of upholding the rule of law across the European Union: The case of Poland as an illustration of problems the European Union is facing

Abstract

This chapter identifies the most important means and institutions that are or might be responsible for the upholding of the rule of law in the European Union, either at the European Union or the national level, such as the Rule of Law Framework, Article 7 TEU procedure, and infringement proceedings under Article 258 TFEU. It also shows, in the case of Poland, some abusive actions that are taken by Member States to weaken the rule of law and the effectiveness of EU law. Poland and the persisting intra-EU tensions resulting from its insufficient implementation of the rule of law principle are shown as an exemplary illustration of a larger issue, demonstrating the Union’s limited ability to enforce the rule of law, if the country concerned persists in challenging it. That said, this chapter concludes with some recommendations on how the European Commission can act in order to counter breaches of the rule of law even more effectively.