Upholding the rule of law in the EU : on the Commission's 'pre-article 7 procedure' as a timid step in the right direction

Article


Kochenov, D. and Pech, L. 2015. Upholding the rule of law in the EU : on the Commission's 'pre-article 7 procedure' as a timid step in the right direction. EUI RSCAS. 2015 (24), pp. 1-16.
TypeArticle
TitleUpholding the rule of law in the EU : on the Commission's 'pre-article 7 procedure' as a timid step in the right direction
AuthorsKochenov, D. and Pech, L.
Abstract

This paper provides a detailed analysis of two institutional reforms, respectively put forward by the European Commission in March 2014 and by the Council of the EU in December 2014 – on how to tackle the problem of Member States’ non-compliance with the principle of the rule of law, which is one of the fundamental values of the Union according to Article 2 TEU. It is submitted that while both proposals definitely represent a timid step in the right direction, the Commission’s ‘light-touch’ proposal falls short of what is required to effectively address ongoing and serious threats to the rule of law within the EU but is however clearly preferable to the Council’s alternative proposal to hold an annual rule of law dialogue among all Member States within the Council itself.

Research GroupLaw and Politics
PublisherEuropean University Institute
JournalEUI RSCAS
ISSN1028-3625
Publication dates
PrintApr 2015
Publication process dates
Deposited21 May 2015
Output statusPublished
Additional information

EUI Working Paper RSCAS 2015/24

Web address (URL)http://hdl.handle.net/1814/35437
LanguageEnglish
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