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

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

Author: Cristina Fasone; Adriano Dirri; Ylenia Guerra
Publisher: Springer International
ISBN: 9783031600074
Published In: August 2024
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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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