THE EUROPEAN UNION RULE OF LAW CRISIS: LEGAL FRAMEWORK AND CHALLENGES

Session

Law

Description

The European Union is founded on core values and one of them is the rule of law enshrined in the Article 2 of the Treaty on European Union. Within the EU, the rule of law includes legality, legal certainty, prohibition of arbitrariness of the executive powers, independent judiciary, effective judicial review including respect for fundamental rights, and equality before the law. This article will focus on the crisis and current rule of law challenges that the European Union faces. The rule of law legal framework will be examined also, especially the Art. 19 TEU as it provides a normative for the rule of law and it serves as the jurisdictional trigger to enforce and protect the values of art. 2 TEU.

Keywords:

European Union values, rule of law crisis, rule of law challenges.

Session Chair

Visar Hoxha

Session Co-Chair

Sevdai Morina

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-96-7

Location

Lipjan, Kosovo

Start Date

31-10-2020 1:00 PM

End Date

31-10-2020 3:00 PM

DOI

10.33107/ubt-ic.2020.271

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Oct 31st, 1:00 PM Oct 31st, 3:00 PM

THE EUROPEAN UNION RULE OF LAW CRISIS: LEGAL FRAMEWORK AND CHALLENGES

Lipjan, Kosovo

The European Union is founded on core values and one of them is the rule of law enshrined in the Article 2 of the Treaty on European Union. Within the EU, the rule of law includes legality, legal certainty, prohibition of arbitrariness of the executive powers, independent judiciary, effective judicial review including respect for fundamental rights, and equality before the law. This article will focus on the crisis and current rule of law challenges that the European Union faces. The rule of law legal framework will be examined also, especially the Art. 19 TEU as it provides a normative for the rule of law and it serves as the jurisdictional trigger to enforce and protect the values of art. 2 TEU.