5 The difficulty of upholding the rule of law across the European Union: The case of Poland as an illustration of problems the European Union is facing
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Piotr Bogdanowicz
Abstract
This chapter identifies the most important means and institutions that are or might be responsible for the upholding of the rule of law in the European Union, either at the European Union or the national level, such as the Rule of Law Framework, Article 7 TEU procedure, and infringement proceedings under Article 258 TFEU. It also shows, in the case of Poland, some abusive actions that are taken by Member States to weaken the rule of law and the effectiveness of EU law. Poland and the persisting intra-EU tensions resulting from its insufficient implementation of the rule of law principle are shown as an exemplary illustration of a larger issue, demonstrating the Union’s limited ability to enforce the rule of law, if the country concerned persists in challenging it. That said, this chapter concludes with some recommendations on how the European Commission can act in order to counter breaches of the rule of law even more effectively.
Abstract
This chapter identifies the most important means and institutions that are or might be responsible for the upholding of the rule of law in the European Union, either at the European Union or the national level, such as the Rule of Law Framework, Article 7 TEU procedure, and infringement proceedings under Article 258 TFEU. It also shows, in the case of Poland, some abusive actions that are taken by Member States to weaken the rule of law and the effectiveness of EU law. Poland and the persisting intra-EU tensions resulting from its insufficient implementation of the rule of law principle are shown as an exemplary illustration of a larger issue, demonstrating the Union’s limited ability to enforce the rule of law, if the country concerned persists in challenging it. That said, this chapter concludes with some recommendations on how the European Commission can act in order to counter breaches of the rule of law even more effectively.
Kapitel in diesem Buch
- Frontmatter i
- Table of Contents v
- List of authors ix
-
Part I: Contextualising the EU and crises
- 1 Introduction: The EU under strain 1
- 2 Polity attacks and policy failures: The EU polycrisis and integration theory 27
-
Part II: The legal and democratic fundaments of the EU
- 3 Crisis-driven EU reforms in and beyond treaty limits: Is it time for a treaty change? 51
- 4 What happened to the idea of ‘Ever Closer Union’? Differentiation as a persistent feature of European integration 77
- 5 The difficulty of upholding the rule of law across the European Union: The case of Poland as an illustration of problems the European Union is facing 95
- 6 Representation in polycrisis: Towards a new research agenda for EU citizens 115
-
Part III: The EU in a changing world
- 7 After the deluge: Europe, the European Union and crisis in the world arena 133
- 8 EU enlargement in times of crisis: Strategic enlargement, the conditionality principle and the future of the “Ever-Closer Union” 155
- 9 The EU after Brexit: EU-UK relations and the latent crisis of withdrawal 173
- 10 A strained partnership? A typology of tensions in the EU-US transatlantic relationship 191
-
Part IV: European policy fields shaped by crisis
- 11 Consolidating the fortress Europe: Conceptualizations of solidarity in the EU Asylum System governance post-2015 211
- 12 EU Health: From pandemic crisis management to a European Health Union? 233
- 13 Leader or laggard? Diversity and minority rights in a union under strain 253
- 14 The slow-burning climate emergency and the European Green Deal: Prospects and pitfalls in the polycrisis era 275
- 15 European economic governance in times of crisis: Solidarity, responsibility, and legitimacy in EU debt mutualisation 293
- Index 319
Kapitel in diesem Buch
- Frontmatter i
- Table of Contents v
- List of authors ix
-
Part I: Contextualising the EU and crises
- 1 Introduction: The EU under strain 1
- 2 Polity attacks and policy failures: The EU polycrisis and integration theory 27
-
Part II: The legal and democratic fundaments of the EU
- 3 Crisis-driven EU reforms in and beyond treaty limits: Is it time for a treaty change? 51
- 4 What happened to the idea of ‘Ever Closer Union’? Differentiation as a persistent feature of European integration 77
- 5 The difficulty of upholding the rule of law across the European Union: The case of Poland as an illustration of problems the European Union is facing 95
- 6 Representation in polycrisis: Towards a new research agenda for EU citizens 115
-
Part III: The EU in a changing world
- 7 After the deluge: Europe, the European Union and crisis in the world arena 133
- 8 EU enlargement in times of crisis: Strategic enlargement, the conditionality principle and the future of the “Ever-Closer Union” 155
- 9 The EU after Brexit: EU-UK relations and the latent crisis of withdrawal 173
- 10 A strained partnership? A typology of tensions in the EU-US transatlantic relationship 191
-
Part IV: European policy fields shaped by crisis
- 11 Consolidating the fortress Europe: Conceptualizations of solidarity in the EU Asylum System governance post-2015 211
- 12 EU Health: From pandemic crisis management to a European Health Union? 233
- 13 Leader or laggard? Diversity and minority rights in a union under strain 253
- 14 The slow-burning climate emergency and the European Green Deal: Prospects and pitfalls in the polycrisis era 275
- 15 European economic governance in times of crisis: Solidarity, responsibility, and legitimacy in EU debt mutualisation 293
- Index 319
