There is a significant lack, or in some cases a complete absence, of self-assessment or independent review mechanisms at EU institutional level when it comes to upholding EU rule of law requirements. Limited access to courts at the EU level hinders effective review of EU actions, while the lack of transparency and accountability in areas including migration management undermine the rule of law. A number of rule of law decisions made by the EU Commission to address backsliding Member States suggest political considerations may be influencing the Commission’s approach. The repercussions of these shortcomings are twofold. First, in Member States that are backsliding in their rule of law commitments, governments may continue to delay compliance or seek to evade enforcement altogether by claiming ‘double standards’ and that they are being unfairly targeted. Second, decisions made at the EU institutional level can inadvertently weaken the overall legal framework, leading to a deterioration of rule of law standards even in states that are otherwise committed to upholding them. Thus, both the integrity of the rule of law, and the integrity of the EU’s common legal order, is compromised across the board. By addressing the deficiencies outlined in this report and subjecting itself to annual independent review of its own adherence to the EU’s rule of law requirements, the EU can become a stronger rule of law actor capable of defending EU values throughout the EU and its Member States.
Paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5000511
