The rule of law in the EU: many ways forward but only one way to stand still?

Abstract

The rule of law belongs to the values the EU proclaims it is founded upon. Leaving aside the legal-historical inaccuracy of this statement, it is indisputable that the concept is at least rhetorically of constitutional importance to both the EU and its Member States. As such, the very open assault on the rule of law and associated constitutional principles in Poland and Hungary in recent years has undermined both the EU’s cohesion as a community of like-minded members and its legal system which in many respects depends on a shared commitment to common values. The present contribution reviews five recent publications which have grappled with the concept of the rule of law in the context of the EU and, in particular, the existing and potential role of the Union in addressing rule of law deficiencies in its Member States.

Keywords:

• Rule of law
• democracy
• EU values
• backsliding
• constitutionalism