The enforceability of the rule of law in the EU

Abstract

This dissertation explores the issues regarding Article 7 of the Treaty of the European Union and its enforceability. To begin with, it will look into the values of the Union and why this is an issue of concern to the European Union and its Member States. Then moving into the reasoning why the Union has taken a long while to initiate proceedings of Article 7 and even looking into its flaws. It is considered to be quite an extreme option, as it has even been given the title of the ‘Nuclear Option’. Here the main topic of discussion is the Rule of Law. This dissertation looks into the definition of the Rule of Law and how it can be defined in a very subjective manner, which can bring about issues. Breaches of this by a Member State can have serious repercussions, as there is the idea of the Free Movement of Judgments and the All- Affected Principle, since such Member States are part of the decision-making process at Union level. The focus here will mainly be on the situations in both Hungary and Poland, whom have given various reasons as to why the EU should involve itself in these matters. It started with the development of far-right movements, which have obtained a majority in their respective governing bodies, bringing about a certain level of concern. This has left room for a lack of Independence of the Judiciary and even Control of the Media amongst other issues. All these involve breaches of Human Rights of the EU’s citizens. This Dissertation will propose and look into the different options or the creation of new options that the EU can make use of, to assist in the process of protecting its core values. One will note that there are advantages and disadvantages to each option, but what is important is that Rule of Law is not compromised due to certain flaws in the law. The law is something to be relied upon and cannot be a dead letter on an issue this important.