The Rule of Law in the EU: Between Union and Unity
The use of Article 7 TEU against Poland and Hungary has been generally welcomed with relief, proving that, at last, the EU is ready to defend Article 2 TEU values when Member States openly violate them. However, it is not clear yet what the main value that is claimed to be breached − the rule of law...
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| Format: | Article |
| Language: | English |
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University of Zagreb, Faculty of Law
2019-12-01
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| Series: | Croatian Yearbook of European Law and Policy |
| Subjects: | |
| Online Access: | https://www.cyelp.com/index.php/cyelp/article/view/344 |
| _version_ | 1818307560821751808 |
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| author | Franco Peirone |
| author_facet | Franco Peirone |
| author_sort | Franco Peirone |
| collection | DOAJ |
| description | The use of Article 7 TEU against Poland and Hungary has been generally welcomed with relief, proving that, at last, the EU is ready to defend Article 2 TEU values when Member States openly violate them. However, it is not clear yet what the main value that is claimed to be breached − the rule of law − amounts to in the EU. Actually, the resort to Article 7 TEU crowns a process of equipping the EU with a rule of law framework to combat Member States’ failures in both law making and enforcement, regardless of the law’s content and provenance. This article demonstrates that the EU rule of law is anchored to a ‘thin’ conceptualisation of the ideal and that the EU is moving from a mere rule of EU law towards a more sophisticated EU rule of law perspective. This process is, at the same time, enlarging the boundaries of the EU legal order and reaffirming the Union character − and not Unity only − of EU integration through law. |
| first_indexed | 2024-12-13T07:00:20Z |
| format | Article |
| id | doaj.art-4701e23d744d4874b23e68190cbe8f78 |
| institution | Directory Open Access Journal |
| issn | 1845-5662 1848-9958 |
| language | English |
| last_indexed | 2024-12-13T07:00:20Z |
| publishDate | 2019-12-01 |
| publisher | University of Zagreb, Faculty of Law |
| record_format | Article |
| series | Croatian Yearbook of European Law and Policy |
| spelling | doaj.art-4701e23d744d4874b23e68190cbe8f782022-12-21T23:55:56ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582019-12-0115579810.3935/cyelp.15.2019.344The Rule of Law in the EU: Between Union and UnityFranco Peirone0Maastricht UniversityThe use of Article 7 TEU against Poland and Hungary has been generally welcomed with relief, proving that, at last, the EU is ready to defend Article 2 TEU values when Member States openly violate them. However, it is not clear yet what the main value that is claimed to be breached − the rule of law − amounts to in the EU. Actually, the resort to Article 7 TEU crowns a process of equipping the EU with a rule of law framework to combat Member States’ failures in both law making and enforcement, regardless of the law’s content and provenance. This article demonstrates that the EU rule of law is anchored to a ‘thin’ conceptualisation of the ideal and that the EU is moving from a mere rule of EU law towards a more sophisticated EU rule of law perspective. This process is, at the same time, enlarging the boundaries of the EU legal order and reaffirming the Union character − and not Unity only − of EU integration through law.https://www.cyelp.com/index.php/cyelp/article/view/344eu valueseu lawrule of lawrule of law crisiscompliance |
| spellingShingle | Franco Peirone The Rule of Law in the EU: Between Union and Unity Croatian Yearbook of European Law and Policy eu values eu law rule of law rule of law crisis compliance |
| title | The Rule of Law in the EU: Between Union and Unity |
| title_full | The Rule of Law in the EU: Between Union and Unity |
| title_fullStr | The Rule of Law in the EU: Between Union and Unity |
| title_full_unstemmed | The Rule of Law in the EU: Between Union and Unity |
| title_short | The Rule of Law in the EU: Between Union and Unity |
| title_sort | rule of law in the eu between union and unity |
| topic | eu values eu law rule of law rule of law crisis compliance |
| url | https://www.cyelp.com/index.php/cyelp/article/view/344 |
| work_keys_str_mv | AT francopeirone theruleoflawintheeubetweenunionandunity AT francopeirone ruleoflawintheeubetweenunionandunity |