Abstract (may include machine translation)
The EU is no longer a club of only Rule of Law-abiding liberal democracies. At the same time, the Union is not itself your standard democracy. Coping with this reality and fighting for Article 2 TEU values under the banner of the Rule of Law, the EU has apparently widened the Rule of Law and accountability gap at the supranational level. The continued trend towards reinforcing the supranational emphasis on the Rule of Law, while approaching this Rule of Law merely as a tool for EU law’s supremacy, disconnected from national and continental good practice and human rights and judicial independence standards, is a problem which has started profoundly undermining the most basic considerations of justice in the EU. This process began shortly after the EU institutions launched their grand fight for the Rule of Law. Continuing down this path makes the EU less accountable and erodes the very heart of ‘integration through law’.
Rather than emerging as a safeguard against the abuse of power and the destruction of rights, this ‘Supremacy Rule of Law’ – which comes down to the most banal abuse of
power – has the potential to annihilate rather than reinforcing adherence to Article 2 TEU, enhancing the accountability lacunae built into the EU’s constitutional architecture and deepening the double standards which make the relationship between the EU and its Member States, and the EU and the ECHR, very difficult indeed – all at the expense of legality, democracy and the protection of the fundamental rights of ordinary Europeans.
The Rule of Law in this context seems to be misused by the EU and its Member States, to water down legal accountability supranationally, reinvent the EU as a tool for whitewashing legal-political double-speak attacking the rights of Europeans, and eroding the values that the EU purportedly stands for
Rather than emerging as a safeguard against the abuse of power and the destruction of rights, this ‘Supremacy Rule of Law’ – which comes down to the most banal abuse of
power – has the potential to annihilate rather than reinforcing adherence to Article 2 TEU, enhancing the accountability lacunae built into the EU’s constitutional architecture and deepening the double standards which make the relationship between the EU and its Member States, and the EU and the ECHR, very difficult indeed – all at the expense of legality, democracy and the protection of the fundamental rights of ordinary Europeans.
The Rule of Law in this context seems to be misused by the EU and its Member States, to water down legal accountability supranationally, reinvent the EU as a tool for whitewashing legal-political double-speak attacking the rights of Europeans, and eroding the values that the EU purportedly stands for
| Original language | English |
|---|---|
| Publisher | Central European University |
| Pages | 1-27 |
| Volume | 35 |
| State | Published - 6 Jan 2026 |
Publication series
| Name | DI Working Papers |
|---|
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