Week 10

Question 1

The rule of law

Answer 1

The rule of law includes, among others, principles such as legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibiting, the arbritrary exercise of executive power; effective judicial protection by independent and impartial courts, effective judicial review including respect for fundamental rights; seperation of powers; and equality before the law

These principles have been recognised by the European Court of Justice and the European Court of Human rights

Question 2

Does the EU have ‘authority’ for rule of law action?

Answer 2

A widespread critique;
an undemocratic institution like the EU cannot possibly act as a credible defender of national compliance with the rule of law and democracy

BUT

• Member states have freely delegated powers to the EU
• All EU citizens are affected
• Every political union, which the EU is, must have possibilities for internal intervention or to expel one of its part
• Political insurance scheme: this is precisely why (some) member states joined in the first place: insurance against back-sliding

Question 3

Procedure 1

Clear risk of a serious breach

Answer 3

To state a clear risk of a serious breach of values of Art 2 TEU and address recommendations on how to remedy the situation to the relevant Member State

1/3 of member states, the EP or the European Commission

Aim: to prevent a breach

4/5 majority in the members of the council with the consent of the EP, to establish risk and issue recommendations (not so difficult to attain)

Question 4

Procedure 2

Stating the existence of a serious and persistent breach

Answer 4

Unanimity in the European Council and consent of the EP

Cannot be initiated by the EP

Note high substantive threshold of systemic breaches

Question 5

Procedure 3

Suspension of rights and revocation of sanctions

Answer 5

Initiated by the Council by a reinforced qualified majority

Requires prior Art 7 (2) finding

Sanctions can be either economic and non-economic

Does not authorise the exclusion of the Member State from the Union

TEU, lifting of sanctions/altering the substance of the sanctions in place by a simple QMV in the council