- Tytuł:
- Article 7 TEU: A Commentary on a Much Talked-about “Dead” Provision
- Autorzy:
- Kochenov, Dimitry
- Powiązania:
- https://bibliotekanauki.pl/articles/706589.pdf
- Data publikacji:
- 2019-09-01
- Wydawca:
- Polska Akademia Nauk. Instytut Nauk Prawnych PAN
- Tematy:
-
rule of law
backsliding
EU values
Article 7 TEU - Opis:
- This article contributes to the growing literature on Art. 7 TEU by showcasing the strong and weak points of this provision in the context of the on-going rule of law backsliding in Hungary and Poland – backsliding which threatens the very fabric of EU constitutionalism. The article presents the general context of the EU’s institutional reactions to the so-called “reforms” in Poland and Hungary, which are aimed at hijacking the state machinery by the political parties in charge. Next it introduces the background of Art. 7 TEU and the hopes the provision was endowed with by its drafters before moving on to analysis of its scope and all the mechanisms made available through this instrument, including the key procedural rules governing their use. The author posits that it may be necessary to put our hopes in alternative instruments and policies to combat the current rule of law backsliding, and the article concludes by outlining three possible scenarios to reverse the backsliding, none of which are (necessarily) connected with Art. 7 as such.
- Źródło:
-
Polish Yearbook of International Law; 2018, 38; 165-187
0554-498X - Pojawia się w:
- Polish Yearbook of International Law
- Dostawca treści:
- Biblioteka Nauki
Artykuł