Unit:
Κατεύθυνση Ευρωπαϊκό ΔίκαιοLibrary of the School of Law
Author:
Diamantopoulou Konstantia
Supervisors info:
Ρεβέκκα - Εμμανουέλα Παπαδοπούλου, Αναπληρώτρια Καθηγήτρια Ευρωπαϊκού Δικαίου, Νομική ΕΚΠΑ
Original Title:
Content and role of the rule of law mechanism in the EU legal order
Translated title:
Το περιεχόμενο και ο ρόλος του μηχανισμού κράτους δικαίου στην έννομη τάξη της Ευρωπαϊκής Ένωσης
Summary:
This dissertation attempts to determine what the rule of law means in the context of EU law and how it is implemented throughout the Union. It takes a genealogical approach to establish the roots behind the ‘transplantation’ of this legal concept in the EU and aims at making a clear distinction between the branches of the mechanism the Union has developed in order to create a coherent rule of law ‘line’ in all expressions of its legal order. This distinction is based on the perception that there exists a stricto sensu rule of law mechanism, in which the original intention of the Member States is found in Article 7 TEU and the relevant soft law instruments developed to accompany it, and a lato sensu rule of law mechanism which includes the legal means that the Treaties provided for pressuring Member States to abide by the rules of the Union and specifically the infringement procedure of Article 258 of the Treaty on the Functioning of the European Union. Their difference is mostly based on the width of the notions, since Article 7 TEU is directed towards specifically violations of EU values and therefore of the rule of law, while Article 258 TFEU is a procedure targeting all types of violations of EU law, including secondary law. It focuses on this duality and on the implementation of the different procedures, their effectiveness and the underlying contrast between the sovereignty of the MSs and the administrative powers of the EU.
Main subject category:
Law and Legislation
Other subject categories:
European law
Keywords:
rule of law, EU, Article 7 TEU, judicial independence, Poland, Hungary, Conditionality Regulation
Number of references:
529
