Infringement Actions 2.0: How to Protect EU Values before the Court of Justice

Bonelli, Matteo

doi:10.1017/s1574019622000049

Cited by 6 publications

(3 citation statements)

References 3 publications

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“…After the Court's landmark decision in ASJP, the Commission brought its first infringement actions on the legal basis of Article 19(1)(2) against the executive's attacks being carried out on the Polish courts (Bonelli, 2022) that judicial reform fell outside EU competence due to the lack of a general EU legislative competence in the field of justice. On the contrary, if such reforms were incompatible with the basic tenets of the rule of law, they could be reviewed on the basis of EU law and, in particular, the principle of judicial independence Platon, 2018: 1848).…”

Section: First Stream Of Preliminary Rulings and Infringmentmentioning

confidence: 99%

The evolving narrative of the court on the rule of law in the EU and potential future directions

Polak

2024

Rev. Derecho Comunitario Eur.

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Este artículo reflexiona sobre la innovadora jurisprudencia del Tribunal de Justicia de la Unión Europea relativa a la judicialización progresiva del principio del Estado de derecho de la UE con el objetivo de discernir de ella posibles direcciones futuras. Si bien un camino posible implicaría ampliar aún más el alcance de los valores de la Unión permitiendo la aplicación del art. 2 TUE como cláusula independiente, algunos casos más recientes sugieren que el tribunal es consciente de los problemas planteados por un creciente cuerpo de jurisprudencia en este ámbito. En consecuencia, parece más inclinado a ejercer precaución, retrocediendo de posibles choques con las identidades nacionales de los Estados miembros.

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Section: First Stream Of Preliminary Rulings and Infringmentmentioning

confidence: 99%

The evolving narrative of the court on the rule of law in the EU and potential future directions

Polak

2024

Rev. Derecho Comunitario Eur.

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“…Further, infringement procedures have been started against antidemocratic laws in Hungary and Poland. In addition to these ‘conventional weapons’, the Commission is now pursuing the so‐called ‘nuclear option’ of Article 7 against both governments (Bonelli, 2022; Priebus, 2022).…”

Section: The Slow Death Of Popular Sovereignty In the European Unionmentioning

confidence: 99%

Saving Popular Sovereignty From a Slow Death in the European Union

Beetz

2023

J of Common Market Studies

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The European Union (EU) faces a pressing challenge with democratic backsliding potentially resulting in an authoritarian member state. EU institutions have sought to safeguard member state democracy. Most normative studies submit that the EU can legitimately intervene based on either current treaties or the theory of militant democracy, but they leave unanswered the fundamental question of the EU's normative political authority. I argue that shared popular sovereignty, which entails Europe's peoples directly authorizing the EU, is the most appropriate principle to theorize the EU's political authority for the foreseeable future. This principle results in a duty for the EU to protect its democratic peoples from backsliding governments and an account of who can legitimately decide on whether backsliding is taking place. A comprehensive normative assessment follows on the democratic legitimacy of various democracy protection measures. My argument bolsters the normative case for EU democracy protection.

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“…The Commission more recently has launched infringement proceedings related to antisemitism against countries that have not transposed the 2008 Directive that prohibits public condoning, denying or trivializing of genocides like the Holocaust and other types of hate speech, which must be treated like a crime (European Commission, 2021b; Wax, 2022). Focusing infringement proceedings on rule of law or fundamental rights has been a more successful tactic for the Commission (Bonelli, 2022). In the cases of Sweden and the Netherlands, both countries have started changing their laws to transpose the 2008 Directive following the start of infringement proceedings (Wax, 2022).…”

Section: How Antisemitism Emerged On the Eu's Agendamentioning

confidence: 99%

The EU's Combating Antisemitism Policy: Agenda Setting and the Making of a ‘European Polity’

Dudek

2023

J of Common Market Studies

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Antisemitism was on the rise after 9/11, yet, until 2015, there was weak policy to address it at the national and EU levels. The following examines why and how antisemitism policy emerged on the EU agenda culminating in the creation of the 2021 comprehensive strategy to combat antisemitism. Utilizing punctuated equilibrium theory, crisification literature and literature on Commission entrepreneurship, the article explores why, although other violent attacks had occurred against Jews, it would take the double attacks in 2015 to bring attention to antisemitism within the Commission. Leadership at the EU level, NGOs working with EU institutions, a working definition of antisemitism, along with pre‐existent EU legal bases in antidiscrimination law, would help promote antisemitism policy to the EU level. The EU's adoption of antisemitism policy demonstrates both Commission agenda setting and prioritizing antisemitism due to its threat to EU fundamental ideals, thus promoting a ‘European polity’ based on values.

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Infringement Actions 2.0: How to Protect EU Values before the Court of Justice

Cited by 6 publications

References 3 publications

The evolving narrative of the court on the rule of law in the EU and potential future directions

The evolving narrative of the court on the rule of law in the EU and potential future directions

Saving Popular Sovereignty From a Slow Death in the European Union

The EU's Combating Antisemitism Policy: Agenda Setting and the Making of a ‘European Polity’

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