Max Planck Institute for Comparative Public Law and International Law Logo Max Planck Institute for Comparative Public Law and International Law

You are here: Research Research Areas Law of the European Union Systemic Deficiency in the Rule of Law

Systemic Deficiency in the Rule of Law

Head of Section:

Armin von Bogdandy

There is currently a widespread view that the EU is in crisis. This crisis is not only financial, but, most importantly, it touches upon the founding principles of the Union as set out in Article 2 TEU. Among them, a principle that has served as the cornerstone of European integration already from its early stages seems particularly threatened: the rule of law. This crisis has many facets. Because of undue interference with the judiciary, restrictions of media freedom, endemic corruption, or weak institutional capacities, some EU Member States 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 grave deficiencies, it remains unclear how potential responses fit with the overall EU constitutional framework. This research project contributes to this discussion by developing the concept of systemic deficiency in the rule of law and also by critically observing the on-going 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