Upholding the rule of law in the EU

Pech, Laurent; Grogan, Joelle

doi:10.4324/9780429197727-17

Human Rights Law and Evidence-Based Policy 2019

DOI: 10.4324/9780429197727-17

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Upholding the rule of law in the EU

Laurent Pech¹,

Joelle Grogan²

Abstract: Full bibliographic details must be given when referring to, or quoting from full items including the author's name, the title of the work, publication details where relevant (place, publisher, date), pagination, and for theses or dissertations the awarding institution, the degree type awarded, and the date of the award.

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2022

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The Commission's Approach to Rule of Law Backsliding: Managing Instead of Enforcing Democratic Values?

Priebus

2022

J of Common Market Studies

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In response to noncompliance with the EU's fundamental values such as democracy and the rule of law in Hungary and Poland, the EU Commission has established the Justice Scoreboard, the Rule of Law Framework and the Rule of Law Mechanism. Moreover, the Commission has proposed linking the disbursement of funds to respect for the rule of law (Rule of Law conditionality). However, the deployment of these measures has not restored compliance. Drawing on the two dominant approaches in compliance studies, the management approach and the enforcement approach, this paper argues that with the exception of Rule of Law conditionality, the Commission's tools are characterized by a mismatch between the causes of the problems identified and the solutions chosen. Instead of sanctioning voluntary noncompliance, they rely on soft measures, which are recommended in cases of involuntary noncompliance, but which are not suitable in cases of deliberate noncompliance.

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The Commission's Approach to Rule of Law Backsliding: Managing Instead of Enforcing Democratic Values?

Priebus

2022

J of Common Market Studies

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show abstract

Report Addressed to the European Parliament and the Commission on Policy Recommendations and on Treaty Changes and Amendments to the EU Charter of Fundamental Rights

et al. 2022

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Upholding the rule of law in the EU

Cited by 2 publications

References 3 publications

The Commission's Approach to Rule of Law Backsliding: Managing Instead of Enforcing Democratic Values?

The Commission's Approach to Rule of Law Backsliding: Managing Instead of Enforcing Democratic Values?

Report Addressed to the European Parliament and the Commission on Policy Recommendations and on Treaty Changes and Amendments to the EU Charter of Fundamental Rights

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