EU Rule of Law Procedures at the Test Bench: Managing Dissensus in the European Constitutional Landscape

European Union Law

EU Rule of Law Procedures at the Test Bench: Managing Dissensus in the European Constitutional Landscape

Edited by Cristina Fasone · Adriano Dirri · Ylenia Guerra
Springer International August 2024

Specifications

ISBN-13
9783031600074
Publisher
Springer International
Publication
August 2024
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book analyses the EU rule of law instruments from the perspective of the academic, inter- and intra-institutional dissensus at the EU level. The angle of analysis proposed by this book allows to detect the sources of dissensus inherent in the design of the EU rule of law toolbox and in their enforcement. The proliferation of the instruments, without any major efforts of systematization, seems to be part of the problem, with a series of overlaps. At the same time, especially in the post-pandemic context, the procedures implementing the various EU rule of law tools have become more and more intertwined, so that it becomes difficult to disentangle one from the other in terms of effects. The book thus feed the debate on the strengths and deficiencies of the EU rule of law toolbox ten years after the first ad hoc measures were adopted, also offering some recommendations on how to turn dissensus into constructive mechanisms to improve the management of the rule of law in the EU.

Table of Contents

Chapter 1: Introduction: Dissensus as a Trigger and as a Consequence of the Rule of Law Crisis in the EU Adriano

Part I: The Instruments Provided by EU Primary Law
Chapter 2. Key political an d legal debates on Article 7 TEU in times of dissensus over the rule of law
Chapter 3. Ordinary weapons for exceptional threats? The infringement procedure and the rule of law crisis
Chapter 4. The Rising Value of the Preliminary Reference Procedure in the Rule of Law Protection
Chapter 5. Granting Rights, preserving the Rule of Law? The Effectiveness of the Charter of Fundamental Rights
Chapter 6: The Cooperation and Verification Mechanism: The end of the Exceptionalism?

Part II. The Tools Offered by EU Legislation
Chapter 7: Strengthening the Rule of Law Through Macroeconomic Support: The Technical Support Instrument and Its Precedents
Chapter 8: The Role of OLAF and EPPO in the Protection of the Rule of Law

Part III: The Effectiveness of Soft Law Tools
Chapter 9. The Shortcomings ofthe Rule of Law Framework and Dialogue
Chapter 10. Measuring Justice? The EU Justice Scoreboard in the Light of the performance-based approach
Chapter 11. The Prospective Impact of the Rule of Law Reports: A tool to be fine-tuned.- Part IV - The Economic and Fiscal Leverage
Chapter 12. Enforcing the European Union's Rule of Law through Economic Governance Mechanisms: The Role of the European Semester
Chapter 13. Recent trends and ambiguities of conditionality as an instrument of EU internal governance
Chapter 14. Contesting the Rule of Law in the European Union: The Creation and Implementation of the Rule of Law Conditionality Regulation
Chapter 15. The Recovery and Resilience Facility and its effects on the Rule of Law Conditionality: A (potentially) well-functioning connection
Chapter 16. The role of competition law in defending rule of law values in the EU
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