Role Models of Politics Disguised in Technique
The article analyses two decisions of the European Court of Justice issued last year against Hungary, with the aim of outlining a new trend in the Court’s caselaw, where threats to the rule of law are confronted without making express reference to it. The profiles of the two judgements that are inve...
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| Format: | Article |
| Language: | English |
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Comenius University in Bratislava, Faculty of Law
2021-12-01
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| Series: | Bratislava Law Review |
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| Online Access: | https://blr.flaw.uniba.sk/index.php/BLR/article/view/261 |
| _version_ | 1818775352685625344 |
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| author | Irene Marchioro |
| author_facet | Irene Marchioro |
| author_sort | Irene Marchioro |
| collection | DOAJ |
| description | The article analyses two decisions of the European Court of Justice issued last year against Hungary, with the aim of outlining a new trend in the Court’s caselaw, where threats to the rule of law are confronted without making express reference to it. The profiles of the two judgements that are investigated are three, and namely: the timing of the procedures, the role of discrimination in the assessment of violations of the TFEU rules on the freedom of movement of capital and services, the assessment of violations of the Charter of Fundamental Rights of the European Union alongside TFEU violations. The purpose of the article is to prove that the infringement procedure under Art. 258 TFEU can be successfully used to hinder antidemocratic drifts and illiberal trends even when a case is designed as purely technical and the rule of law is not called in, which may ultimately shield the Court itself from accusations of being too politically involved in Member States’ affairs. |
| first_indexed | 2024-12-18T10:55:41Z |
| format | Article |
| id | doaj.art-5c3580acb0784278853faeee30c448a6 |
| institution | Directory Open Access Journal |
| issn | 2585-7088 2644-6359 |
| language | English |
| last_indexed | 2024-12-18T10:55:41Z |
| publishDate | 2021-12-01 |
| publisher | Comenius University in Bratislava, Faculty of Law |
| record_format | Article |
| series | Bratislava Law Review |
| spelling | doaj.art-5c3580acb0784278853faeee30c448a62022-12-21T21:10:21ZengComenius University in Bratislava, Faculty of LawBratislava Law Review2585-70882644-63592021-12-015210.46282/blr.2021.5.2.261Role Models of Politics Disguised in TechniqueIrene Marchioro0University of PaduaThe article analyses two decisions of the European Court of Justice issued last year against Hungary, with the aim of outlining a new trend in the Court’s caselaw, where threats to the rule of law are confronted without making express reference to it. The profiles of the two judgements that are investigated are three, and namely: the timing of the procedures, the role of discrimination in the assessment of violations of the TFEU rules on the freedom of movement of capital and services, the assessment of violations of the Charter of Fundamental Rights of the European Union alongside TFEU violations. The purpose of the article is to prove that the infringement procedure under Art. 258 TFEU can be successfully used to hinder antidemocratic drifts and illiberal trends even when a case is designed as purely technical and the rule of law is not called in, which may ultimately shield the Court itself from accusations of being too politically involved in Member States’ affairs.https://blr.flaw.uniba.sk/index.php/BLR/article/view/261European Union lawrule of lawinfringement proceedingsfundamental rightstransparency of associationsacademic freedom |
| spellingShingle | Irene Marchioro Role Models of Politics Disguised in Technique Bratislava Law Review European Union law rule of law infringement proceedings fundamental rights transparency of associations academic freedom |
| title | Role Models of Politics Disguised in Technique |
| title_full | Role Models of Politics Disguised in Technique |
| title_fullStr | Role Models of Politics Disguised in Technique |
| title_full_unstemmed | Role Models of Politics Disguised in Technique |
| title_short | Role Models of Politics Disguised in Technique |
| title_sort | role models of politics disguised in technique |
| topic | European Union law rule of law infringement proceedings fundamental rights transparency of associations academic freedom |
| url | https://blr.flaw.uniba.sk/index.php/BLR/article/view/261 |
| work_keys_str_mv | AT irenemarchioro rolemodelsofpoliticsdisguisedintechnique |