In the realm of compliance and enforcement of values under Article 2 TEU, in particular of the rule of law, multiple solutions have been advanced by constitutional scholars. For instance, interesting to examine are the key academic proposals selected by Kochenov in this respect. Although these academic endeavours may provide policymakers with good food for…
Geopolitics, Society
Protecting the rule of law in the Member States: preventive, monitoring and sanctioning mechanisms
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•The EU’s proactivity in dealing with ‘rule of law-related’ matters is undisputed.As emphasised already, the EU actively engages in ensuring that candidate states comply with the rule of law before allowing their accession: this is done by enforcing the Copenhagen Criteria, which have become the customary law on membership. Nevertheless, it would be wrong to…
evidenza, Geopolitics, Society
Upholding the rule of law in the Member States through EU law mechanisms: pure political fiction?
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•In the last couple of years, the EU has been faced with a new legal challenge: a ‘rule of law crisis’.Poland and Hungary are among the prime examples of Member States in which compliance with the value of the rule of law is questioned and allegations of breaches are being investigated. The paramount legal principle…