Abstract

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

Highlights

  • The Rule of Law Framework is a contingency procedure adopted to reflect on these processes of political developments in the European Union Member States which give rise to significant enough doubts of whether these developments are in line with the fundamental standards set forth in the EU Treaties, i.e. the Treaty on the European Union (TEU) and the Treaty on the functioning of the European Union (TFEU)

  • For the sake of analysis, two distinctive forms of RLF are distinguished: (a) RLF sensu largo—which should be construed under Articles 2 and 7 TEU and which includes all other legal vehicles adopted to enforce these two provisions; (b) RLF sensu stricto—which, for analytical purposes, can be considered the mechanism of enforcement of Article 7 TEU designed by the European Commission and adopted pursuant to its communication of 19 March 2014.1

  • The RLF has significant systemic value as it is able to put on a check all EU Member States’ practices which manifestly contravene the values enshrined in the Treaties, including the rule of law; the RLF is not a final format and is very likely to be further developed into a more stringent, and legally certain construct—which is the area where the European Commission sees its significant role in the future, and where it nurtures its powers vis-à-vis other EU institutions and the Member States

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Summary

Introduction

The Rule of Law Framework (here referred to as ‘RLF’ or ‘the Framework’) is a contingency procedure adopted to reflect on these processes of political (and legal constitutional) developments in the European Union Member States which give rise to significant enough doubts of whether these developments are in line with the fundamental standards set forth in the EU Treaties, i.e. the Treaty on the European Union (TEU) and the Treaty on the functioning of the European Union (TFEU). (a) RLF sensu largo—which should be construed under Articles 2 and 7 TEU and which includes all other legal vehicles adopted to enforce these two provisions;. (b) RLF sensu stricto—which, for analytical purposes, can be considered the mechanism of enforcement of Article 7 TEU designed by the European Commission and adopted pursuant to its communication of 19 March 2014 (further referred to as ‘the RLF communication’).. (b) RLF sensu stricto—which, for analytical purposes, can be considered the mechanism of enforcement of Article 7 TEU designed by the European Commission and adopted pursuant to its communication of 19 March 2014 (further referred to as ‘the RLF communication’).1 The objective of this Chapter is to verify the following hypotheses: 1. The Commission is bound to pursue its active and, in terms of competences, rather expansionary policy in order to ensure uniformity of EU law enforcement internally and to preserve a high level of EU credibility as a globally significant promotor of human rights

The Benchmark
Two-Stage Procedure Under Article 7 TEU
Rule of Law Framework sensu stricto in the Preparatory Stage
Driving Forces
Legal Interpretation of the RLF sensu stricto
The Content of the Rule of Law Under the RLF
The Legal Doctrine
The EU Court of Justice Jurisprudence
The Rule of Law Importance for the EU Common Foreign and Security Policy
International Law Interpretation of the RLF
Conclusions
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