Il rispetto della rule of law nell’ordinamento giuridico dell’Unione europea: un dramma in due atti

The respect of the rule of law within the legal order of the European Union: A drama in two acts

Abstract

This contribution offers a critical analysis of the approach showed by EU institutions vis-à-vis the rule-of-law crises emerged in recent times in different EU Member States. In particular, the analysis is focused on the solutions so far adopted at supranational level with regard to the systemic threats to the rule of law occurred in Hungary and Poland. The contribution argues that, even though a significant shifting in the attitude of EU institutions has occurred, a shifting showing a more attention to the systemic dimension of such crises, the solutions so far suggested are too weak – Article 7 TEU tools remaining the only effective instruments to be triggered in similar scenarios – and risk undermining the credibility of the Union and, more importantly, its foundations.

Tag: rule of law, EU constitutional principles, Article 7 TEU, Infringement procedure, EU Charter of fundamental rights