Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/70066
Title: Safeguarding the rule of law in the member states : an analysis of the EU’s ‘nuclear option’
Authors: Vella Laurenti, Steffi (2020)
Keywords: Treaty on European Union (1992 February 7). Protocols, etc. (2007 December 13)
Rule of law -- European Union countries
Law enforcement -- European Union countries
Issue Date: 2020
Citation: Vella Laurenti, S. (2020). Safeguarding the rule of law in the member states: an analysis of the EU’s ‘nuclear option’ (Master's dissertation).
Abstract: In light of the continuous assault on the Rule of Law in a number of EU Member States, this Dissertation sets out to determine whether Article 7 of the Treaty on the European Union has (despite its bad reputation and shortcomings) the potential of achieving that for which it was enacted – the enforcement of respect for the Rule of Law and the EU’s other founding values. In order to arrive at this conclusion, the Dissertation first takes stock of the wider legal and factual background to this provision. In particular, by focusing briefly on the EU’s founding values and the Rule of Law specifically, it explores, in the first place, what the EU is trying to safeguard and what it stands to lose if it does not. It also examines certain events in Poland and Hungary where the erosion of the Rule of Law is happening on a scale and in a manner rarely, if ever, seen before in the EU and is, in fact, spreading to other Member States. The purpose of this examination, albeit brief, is to give an indication of the extent to which the Rule of Law can be undermined by Member States, the justifications for their behaviour as well as the EU’s factual and legal basis for intervening. Before turning its focus on Article 7 per se, the Dissertation briefly looks at the EU’s attempts at defending and restoring the Rule of Law in the above-mentioned Member States to determine the cause for its dismal performance in this regard and why it is not worth giving up on Article 7 just yet. In fact, this provision can boast of a number of strengths both in theory and in practice. On the other hand, it suffers from many shortcomings that stem from the manner in which it is drafted. Despite these weaknesses, however, which can, admittedly, compromise its ability to fully achieve that for which it was enacted, Article 7 could still prove to be a force to be reckoned with if those entrusted with manoeuvring it stop undermining it. Thus, even if the time for its much-needed overhaul never comes, there is every reason to argue in favour of retaining Article 7 in the EU’s legal order in the hope that, if the Rule of Law crisis continues unabated, its existing potential could someday be unleashed.
Description: LL.M.EUR.COMP.
URI: https://www.um.edu.mt/library/oar/handle/123456789/70066
Appears in Collections:Dissertations - FacLawEC - 2020
Dissertations - MA - FacLaw - 2020

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