The European Union in Defence of the Rule of Law

Abstract

The rule of law and the other values contained in Art 2 Treaty on European Union (Art 2 TEU) comprise the constitutional identity of the European Union (Union). These values form part of the Union’s very foundation. Art 3(1) and (6) TEU, in conjunction with Art 2 TEU, declare the Union’s aim to promote and pursue the rule of law as one of its core values. These provisions indicate that the rule of law is not only a constitutional principle but gives the Union a constitutional mandate to shape its policies accordingly in order to create an enabling ecosystem for the rule of law in the Member States. Under Art 2, 3, 7 and 13 TEU the Union as a community of values must counter internal threats to the rule of law, but it must also take positive legal action to strengthen and consolidate the rule of law in the Member States by making use of its sectoral law-making competences. Proactively, the rule of law must be implemented and specified through Union secondary law and made the yardstick for legislative, administrative and judicial activity in the Member States.