Monitoring and Enforcement of the Rule of Law in the EU: Rhetoric and Reality

Abstract

In doing so, the Commission aimed to address situations where 'a systemic threat to the rule of law' 6 may be detected within any member state.7 The publication of the Commission's rule of law communication was soon followed by the appointment in November 2014 of the First Vice-President of the European Commission in charge of inter alia the rule of lawa position held by Frans Timmermans.This development may be understood as further evidence that the issue of EU countries' compliance with the rule of law has both gained salience and will firmly remain on the Commission's agenda for the foreseeable future.This is indeed the first time that a Commissioner has been explicitly tasked to coordinate the Commission's work in the area of the rule of law.It is also worth noting that prior to his appointment, Timmermans had welcomed the Commission's framework on the ground that a more systematic approach was required to avoid any 'rule of law backsliding' post-EU accession.8 Soon after Timmermans' appointment, the Council of the EU decided to adopt its own rule of law initiative and committed itself to establishing a political dialogue among EU member states to promote and safeguard the rule of law within the EU. 9 This flurry of initiatives on the rule of law front is yet to lead, however, to concrete actions.10 Indeed, despite a succession of distressing developments in at least one EU member state, 11 the Commission is yet to activate its new 5 European Commission Communication, A new EU Framework to strengthen the Rule of Law, COM(2014) 158 Final, 11 March 2014.6 Ibid., p. 3. 7 One should note in passing that the Commission does not address the situation of the Union itself vis-à-vis the rule of law.This is not to say that all is well in the best of all possible worlds as far as the EU is concerned.For a 'rule of law audit' of its constitutional framework, see L. Pech, '"A Union Founded on the Rule of Law": Meaning and Reality of the Rule of Law as a Constitutional Principle of EU Law', 6 EuConst (2010) p. 359.Some of the EU's most important policies can also be sharply criticised on this ground.See e.g. C. Kilpatrick, 'On the Rule of Law and Economic Emergency: The Degradation of Basic Legal Values in Europe's Bailouts', 35(2) OJLS (2015) p. 325.The EU's own adherence to the rule of law will be one of the main themes covered by a forthcoming book edited by C. Closa and D. Kochenov (eds.),Reinforcing Rule of Law Oversight in the European Union (Cambridge University Press 2015).8 Answers to the European Parliament, Questionnaire to the Commissioner-Designate Frans Timmermans, Question 6: < ec.europa.eu/about/juncker-commission/docs/2014-ep-hearings-reply-timmermans_en.pdf>,visited

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