Kochenov, Dimitry Vladimirovich Author aut (orcid)0000-0001-9266-1188 Pech, Laurent Author aut (orcid)0000-0002-1608-1285 Text xx# 2015 Verfassungsblog 2015-01-20 ger

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The rule of law is one of the fundamental values on which the EU is founded according to Article 2 TEU. Faced with a rising number of ‘rule of law crises’ in a number of EU countries, the Commission adopted a new ‘pre-Article 7’ procedure last March in order to address any instance where there is a evidence of a systemicthreat to the rule of law. Having criticised the Commission’s initiative primarily on the (unconvincing) ground that it would breach the principle of conferral which governs the allocation of powers between the EU and its Member States, the Council proposed its own solution: a rule of law dialogue between national governments and to be held once a year in Brussels. Both initiatives, and in particular, the Council’s, appear grossly inadequate to tackle the problem of ‘rule of law backsliding post EU accession’ to quote Frans Timmermans, the First Vice-President of the Commission in charge inter alia of the Rule of Law. CC BY-NC-ND 4.0 Kochenov, Dimitry Vladimirovich 342 https://verfassungsblog.de/bad-worse-commission-councils-rule-law-initiatives/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20170206-141438 150120 10.17176/20170206-141438 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)