TY - JOUR
T1 - Elephants in the Room
T2 - The European Commission’s 2019 Communication on the Rule of Law
AU - Kochenov, Dimitry
N1 - Publisher Copyright:
© 2019, The Author(s).
PY - 2019/11/1
Y1 - 2019/11/1
N2 - This contribution honouring Prof. Martin Krygier scholarship provides a brief critical reading of the European Commission’s July 2019 Communication on the Rule of Law (COM(2019) 343 final). It argues that although the Commission’s effort is welcome, the Communication fails to correctly identify the core problem related to the Rule of Law in the EU, which is the constitutional capture in the illiberal regimes. The failure to identify the core problem with unequivocal precision and spell out its key elements as well as dissect its causes undermines the likely effectiveness of the tools proposed by the Commission to address the unnamed and unanalyzed on-going Rule of Law concerns. Consequently, the Communication is lacking in vital essentials, if not vacant at the core.
AB - This contribution honouring Prof. Martin Krygier scholarship provides a brief critical reading of the European Commission’s July 2019 Communication on the Rule of Law (COM(2019) 343 final). It argues that although the Commission’s effort is welcome, the Communication fails to correctly identify the core problem related to the Rule of Law in the EU, which is the constitutional capture in the illiberal regimes. The failure to identify the core problem with unequivocal precision and spell out its key elements as well as dissect its causes undermines the likely effectiveness of the tools proposed by the Commission to address the unnamed and unanalyzed on-going Rule of Law concerns. Consequently, the Communication is lacking in vital essentials, if not vacant at the core.
UR - http://www.scopus.com/inward/record.url?scp=85074847713&partnerID=8YFLogxK
U2 - 10.1007/s40803-019-00126-x
DO - 10.1007/s40803-019-00126-x
M3 - Article
AN - SCOPUS:85074847713
SN - 1876-4045
VL - 11
SP - 423
EP - 438
JO - Hague Journal on the Rule of Law
JF - Hague Journal on the Rule of Law
IS - 2-3
ER -