The protection of rule of law: between dialogue and enforcement

Abstract

The rule of law has been under pressure in recent years. Several EU Member States have taken measures that undermine the independence of the judiciary or the protection of fundamental rights more generally. The Commission has responded relatively late, if at all. Research has shown that the Commission has been reluctant to act as the guardian of the treaties and activate infringement procedures on the basis of Article 258 TFEU. At the same time, other mechanisms have not yet been employed satisfactorily, including Article 7 TEU. The inaction of EU institutions have left national courts as the main guardians of EU law. The papers in this panel analyse how the rule of law can best be protected. To what extent and how does the dialogue via the preliminary ruling procedure (Article 267 TFEU) work in relation to rule of law problems, also from the perspective of the referring court? Is the infringement procedure better geared to address rule of law backsliding?

Title	Details
Poland's and Hungary's non-compliance with CJEU rulings - the debate about enforcement failure and rule of law meanings	View Paper Details
Calling 112: does Luxembourg pick up the phone? Dutch and Polish courts’ satisfaction with the CJEU in rule of law and fundamental rights cases	View Paper Details
Starving Luxembourg? A quantitative study investigating the behaviour of national judges under the preliminary ruling procedure	View Paper Details