The Rule of Law

The history of the rule of law in the EU Treaty framework has been one of gradual but extensive process of entrenchment and formal enshrinement. When comparing the evolution of the Treaty framework to the evolution of the EU’s rule of law toolbox, it is difficult not to be struck by the contrast between the gradual evolution of the former with the rapid development of the latter. This swift development of the EU’s rule of law toolbox may be understood both in a positive and negative way: it may be positively understood as the sign of a broad consensus regarding the critical importance to uphold the rule of law. Conversely, this evolution may be understood as a failure to fully confront the ‘rule of law backsliding’ threat by instead focusing in a quasi-permanent new instrument creation cycle at the EU level.