The Rule of Law Crisis in the European Union and the Core Values Protection Mechanisms Cover Image

Криза владавине права у Европској унији и механизми заштите основних вредности
The Rule of Law Crisis in the European Union and the Core Values Protection Mechanisms

Author(s): Olga Pavković
Subject(s): Politics and law, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Институт за политичке студије
Keywords: European Union; Hungary; Poland; rule of law; Article 7 TEU; rule of law crisis; democracy; fundamental rights

Summary/Abstract: The rule of law is considered one of the core values of the Eu ropean Union, embodied in the Treaty on European Union and the EU Charter of Fundamental Rights. The importance of this value has re cently been re-emphasized in the context of the rule of law crisis in certain member states. The ruling coalition in Hungary, Fidesz, and the Law and Justice party in Poland have jeopardized the rule of law by seizing the control of their political institutions. The implications of the crisis are severe and threaten the EU as they endanger other core val ues such as democracy and human rights. They also make the coopera tion between member states more difficult. There is an ongoing debate on the rule of law crisis regarding the EU’s authority to intervene and protect the core values. Currently, there are three different approaches or mechanisms in dealing with the rule of law crisis: the infringement procedure, The Rule of Law Framework, as well as the Article 7 TEU. However, none of these has proven effective: the infringement proce dures and The Rule of Law Framework have been too mild, and their usage has yielded poor results. On the other hand, the application of the Article 7 requires procedural demands which are difficult to carry through, such as the unanimous vote in the European Council. Coping with the core values crisis will determine the course of further integra tion processes in Europe.

  • Issue Year: 2018
  • Issue No: 3
  • Page Range: 261-275
  • Page Count: 15
  • Language: Serbian