TY - JOUR
T1 - The Systemic Implications of the Supranational Legal Order for the Practice of the Rule of Law
AU - Grabowska-Moroz, Barbara
N1 - Publisher Copyright:
© 2022, The Author(s).
PY - 2022/12
Y1 - 2022/12
N2 - The article presents the main rule of law guarantees and the critique of the rule of law as it is applied in the European Union. Analysis is supplemented with the results of the European Parliament election survey which was conducted as a part of RECONNECT project. Despite the fact that rule of law topics reach the European media headlines on a regular basis, the rule of law was not perceived as the most important one by the respondents. Meanwhile Treaty-based mechanisms aimed at protecting EU fundamental values, such as Article 7 TEU and the infringement procedure, reflect the dual legal as well as political nature of the rule of law. The article analyses how the EU constitutional structure affects the practices of the rule of law—both at the supranational and domestic level—and offers some key recommendations on how to tackle deficiencies in the field of the rule of law.
AB - The article presents the main rule of law guarantees and the critique of the rule of law as it is applied in the European Union. Analysis is supplemented with the results of the European Parliament election survey which was conducted as a part of RECONNECT project. Despite the fact that rule of law topics reach the European media headlines on a regular basis, the rule of law was not perceived as the most important one by the respondents. Meanwhile Treaty-based mechanisms aimed at protecting EU fundamental values, such as Article 7 TEU and the infringement procedure, reflect the dual legal as well as political nature of the rule of law. The article analyses how the EU constitutional structure affects the practices of the rule of law—both at the supranational and domestic level—and offers some key recommendations on how to tackle deficiencies in the field of the rule of law.
UR - https://www.scopus.com/pages/publications/85141664019
U2 - 10.1007/s40803-022-00180-y
DO - 10.1007/s40803-022-00180-y
M3 - Article
AN - SCOPUS:85141664019
SN - 1876-4045
VL - 14
SP - 331
EP - 347
JO - Hague Journal on the Rule of Law
JF - Hague Journal on the Rule of Law
IS - 2-3
ER -