The Rule of Law in EU Law

Question 1

Why is the recent case of Hungary v Commission significant?

Answer 1

1. Invoking Article 2 violations
2. A full court (plenary session?) sat for the decision

Question 2

Why was the rule of law conditionality legislation formulated/passed? (Reg 2020/2092)

Answer 2

Primarily to deal with Hungary’s violation of basic rule of law issues

Question 3

Which two countries have Article 7 proceedings been invoked against?

Answer 3

Hungary and Poland. (Poland’s proceedings were closed out in 2024, but Hungary’s remain open.)

Question 4

Which Article has expanded the ability for private citizens to sue the EU for their foreign policy acts that don’t conform to the rule of law?

Answer 4

Article 21 TEU

Question 5

Case C-156/21 and C-157/21 - Hungary and Poland

Answer 5

Hungary and Poland argued before the ECJ that the rule of law in Article 2 is “aspirational”/not real. ECJ held Art 2 does create legal obligations for Member States.

Question 6

What has Hungary and Poland’s impact been on the CJEU caseload?

Answer 6

Those countries have made the CJEU caseload increase exponentially with their various rule of law failures.

Question 7

Why do EU leaders say the Commission and the Council need to lead the way in rule of law “clean up”?

Answer 7

Because of their ability to levy fines on Member States.