The changing role of European Union institutions in upholding the rule of law
The changing role of European Union institutions in upholding the rule of law

Summary/Abstract: As an international organisation founded upon its Member States, the European Union (EU) relies on a commitment to common values and principles, including the rule of law, any breach of which threatens its very foundations. To address this challenge, the EU has developed political instruments for areas beyond substantive EU law, judicial instruments where competence is conferred by the Treaties or secondary legislation, and financial instruments, when rule of law breaches endanger the effective management of EU finances. The article’s aim is to examine the involvement of EU institutions across these procedural frameworks, with the research problem centred on the extent of institutional engagement. The author analyses the concept of the rule of law and the procedures under Article 7 TEU, the Conditionality Regulation, and proceedings before the CJEU. The research results demonstrate that the European Commission takes on the central role in safeguarding the rule of law, transcending its technocratic mandate to assume a political role. The study adopts an analytical, explanatory, and comparative approach.

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