Barley, Katarina Author aut Reynders, Didier Author aut Pech, Laurent Author aut (orcid)0000-0002-1608-1285 Kokott, Lennart Author aut Spoken Word xx# 2020 Verfassungsblog 2020-12-04 eng

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The European Court of Justice has been in the middle of the European rule of law crisis for the last couple of years – and it has called out rule of law violations especially in Hungary and Poland multiple times. But the Court can’t defend the rule of law in the European Union on its own, and it needs institutional partners in this struggle. For example, it needs someone to file cases and to follow up on the Court's orders. Does the European Commission do enough on their part? Who is the guardian of the Treaties – the Commission, the Court, none of the two? The European Council is able to decide on sanctions against member states using the procedure of Article 7 TEU. But that tool has not been effective so far. Does that mean that we witness the juridification of a political conflict that puts too much of a burden on the Court? CC BY-SA 4.0 Barley, Katarina ECJ European Commission Infringement Procedure Rule of Law We need to talk about the rule of law 342 https://verfassungsblog.de/lawrules-11-we-need-to-talk-about-the-european-court-of-justice/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20201204-175814-0 201204 10.17176/20201204-175814-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)