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Systemic Deficiency in the Rule of Law

Head of Section:

Armin von Bogdandy

About the project:

In the last decade, EU integration has been marked by a number of existential crises that challenge its constitutional structures and touch upon the founding values of the Union as set out in Article 2 TEU. Among them, a value that has served as the cornerstone of European integration seems particularly threatened: the Rule of Law. The Rule of Law crisis has many facets. On some occasions, it is due to undue extensions of governmental power, such as in cases of interference with the judiciary or restrictions of media freedom, civil society organisations and academia (Poland, Hungary). In other cases, the Rule of Law is threatened by endemic corruption (Romania, Bulgaria) or weak institutional capacities (Greece). This project mainly focuses on Member States that present so grave deficiencies in guaranteeing the Rule of Law that their conformity with basic EU standards is seriously questioned. Although it is obvious that the EU cannot stay inactive in the face of such deficiencies, it remains unclear how potential responses fit with the overall EU constitutional framework. This project contributes to this discussion by developing the concept of "systemic deficiency" in the Rule of Law and also by critically observing the ongoing efforts to advance appropriate EU instruments to address the diverse challenges to the rule of law.

 

 

Staff member(s):

Michael Ioannidis

Publications

  • von Bogdandy, Armin: How to protect European Values in the Polish Constitutional Crisis. In: Verfassungsblog, 31.03.2016. full text here
  • von Bogdandy, Armin, Carlino Antpöhler, Michael Ioannidis: Protecting EU Values - Reverse Solange and the Rule of Law Framework. In: Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper Series 04, 1-22 (2016). full text here
  • von Bogdandy, Armin, Ioannidis Michael: Systemic deficiency in the rule of law: What it is, what has been done, what can be done. In: Common Market Law Review 51/1, 59-96 (2014). full text here
  • von Bogdandy, Armin, Michael Ioannidis: Das systemische Defizit. Merkmale, Instrumente und Probleme am Beispiel der Rechtsstaatlichkeit und des neuen Rechtsstaatlichkeitsaufsichtsverfahrens. In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 74/2, 283-328 (2014). full text here