The Rule of Law and the Role of Fundamental Rights

Toggenburg, Gabriel N.; Grimheden, Jonas

doi:10.1017/cbo9781316258774.009

Cited by 7 publications

(4 citation statements)

References 1 publication

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“…Fundamental Rights Agency (FRA) is probably the main example here. 63 Its main task is to provide the EU institutions with assistance and expertise relating to fundamental rights. Close link between the fundamental EU values (democracy, rule of law and fundamental rights) places FRA in a good position to conduct research on connection between the rule of law standards and protection of fundamental rights.…”

Section: Critique Of Supranational Rule Of Law As Appliedmentioning

confidence: 99%

The Systemic Implications of the Supranational Legal Order for the Practice of the Rule of Law

Grabowska-Moroz

2022

Hague J Rule Law

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The article presents the main rule of law guarantees and the critique of the rule of law as it is applied in the European Union. Analysis is supplemented with the results of the European Parliament election survey which was conducted as a part of RECONNECT project. Despite the fact that rule of law topics reach the European media headlines on a regular basis, the rule of law was not perceived as the most important one by the respondents. Meanwhile Treaty-based mechanisms aimed at protecting EU fundamental values, such as Article 7 TEU and the infringement procedure, reflect the dual legal as well as political nature of the rule of law. The article analyses how the EU constitutional structure affects the practices of the rule of law—both at the supranational and domestic level—and offers some key recommendations on how to tackle deficiencies in the field of the rule of law.

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Section: Critique Of Supranational Rule Of Law As Appliedmentioning

confidence: 99%

The Systemic Implications of the Supranational Legal Order for the Practice of the Rule of Law

Grabowska-Moroz

2022

Hague J Rule Law

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“…67 The use of the EU Rule of Law Framework vis-àvis Poland also raises numerous questions concerning effectiveness. Upholding and promoting European values may follow a "'sunshine policy', which engages and involves rather than paralyses and excludes", or a "value-control which is owned equally by all actors" 68 but only if the Member State dialoguing adheres to the concept of liberal democracy and accepts the validity of Article 2 TEU values. "Since the success of such a positive approach is very much dependent on the willingness of the recipients to adhere to the concept of cooperative constitutionalism, it will not work when a state systematically undermines democracy, deconstructs the Rule of Law and/or engages in massive human right violations.…”

Section:  Tools Not Suited To Enforcement the Rule Of Law In The Mem...mentioning

confidence: 99%

The Crisis of the Rule of Law, Democracy and Fundamental Rights in Hungary

Fleck¹,

Chronowski

Bárd

2022

SSRN Journal

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“…The failure to outline the core Rule of Law problems plaguing the Union undermines the Communication's vision of the key tools and strategies of 'prevention', which is not surprising: there can be no 'prevention' without clarity as to what you are trying to prevent and the Commission somehow plays as if this was not the case. 58 Toggenburg and Grimheden (2016). 59 Kelemen (2017).…”

Section: Preventionmentioning

confidence: 99%

Elephants in the Room: The European Commission’s 2019 Communication on the Rule of Law

Kochenov

2019

Hague J Rule Law

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This contribution honouring Prof. Martin Krygier scholarship provides a brief critical reading of the European Commission's July 2019 Communication on the Rule of Law (COM(2019) 343 final). It argues that although the Commission's effort is welcome, the Communication fails to correctly identify the core problem related to the Rule of Law in the EU, which is the constitutional capture in the illiberal regimes. The failure to identify the core problem with unequivocal precision and spell out its key elements as well as dissect its causes undermines the likely effectiveness of the tools proposed by the Commission to address the unnamed and unanalyzed ongoing Rule of Law concerns. Consequently, the Communication is lacking in vital essentials, if not vacant at the core.

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The Rule of Law and the Role of Fundamental Rights

Cited by 7 publications

References 1 publication

The Systemic Implications of the Supranational Legal Order for the Practice of the Rule of Law

The Systemic Implications of the Supranational Legal Order for the Practice of the Rule of Law

The Crisis of the Rule of Law, Democracy and Fundamental Rights in Hungary

Elephants in the Room: The European Commission’s 2019 Communication on the Rule of Law

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