- Title Pages
- Dedication
- Avant-propos
- List of Abbreviations
- List of Contributors
- Table of Cases
- Introductory Remarks
- 1 The <i>Acquis</i> and Its Principles
- 2 On the Legal Enforcement of Values. The Importance of the Institutional Context
- 3 Pluralism and Systemic Defiance in the EU
- 4 Infringement Proceedings
- 5 Making effective use of Article 260 TFEU
- 6 Preliminary References as a Means for Enforcing EU Law
- 7 <i>Francovich</i> Enforcement Analysed and Illustrated by German (and English) Law
- 8 The Bite, the Bark, and the Howl
- 9 Compliance and Enforcement in Economic Policy Coordination in EMU
- 10 Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law
- 11 Soft Law and the Enforcement of EU Law
- 12 Protecting EU values
- 13 A Democracy Commission of One’s Own, or What it would take for the EU to safeguard Liberal Democracy in its Member States
- 14 Application of the EU CFR by National Courts in Purely Domestic Cases
- 15 Enforcement of Federal Law against the German <i>Länder</i>
- 16 The Enforcement of Federal Law in the Belgian Federal State
- 17 Regional Defiance and Enforcement of Federal Law in Spain
- 18 Enforcement of National Law against Subnational Units in the US
- 19 The Enforcement of ECtHR Judgments
- 20 Enforcing WTO Law
- 21 Enforcement of UN Security Council Resolutions and of ICJ Judgments
- 22 Securing Compliance with Democracy Requirements in Regional Organizations
- 23 Defiance by a Constitutional Court—Germany
- 24 Defiance for European Influence—the Empty Chair and France
- 25 Questioning the Basic Values—Austria and Jörg Haider
- 26 Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them
- 27 Weak Members and the Enforcement of EU Law
- 28 Inside but Out? The UK and the EU
- Index
Protecting EU values
Protecting EU values
Reverse Solange and the Rule of Law Framework
- Chapter:
- (p.218) 12 Protecting EU values
- Source:
- The Enforcement of EU Law and Values
- Author(s):
Armin von Bogdandy
Carlino Antpöhler
Michael Ioannidis
- Publisher:
- Oxford University Press
This chapter discusses the instruments currently on the table regarding the enforcement of EU values, exposing their strengths and weaknesses in legal and practical terms. It also offers an evaluation of the first use of the Rule of Law Framework. So far, most of the proposed instruments have been presented in isolation. This is particularly true of the proposed ‘Copenhagen Commission’ and the ‘Reverse Solange’ mechanism. This chapter presents and normatively assesses the ideas proposed and discusses a possible way to combine instruments that so far have been considered separately. It argues that the most apt European response to systemic deficiencies is to combine judicial mechanisms, including the Reverse Solange mechanism, as well as a complementary political approach.
Keywords: EU values, Rule of Law, Rule of Law Framework, Reverse Solange mechanism, Reverse Solange, judicial mechanisms, political approaches
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- Title Pages
- Dedication
- Avant-propos
- List of Abbreviations
- List of Contributors
- Table of Cases
- Introductory Remarks
- 1 The <i>Acquis</i> and Its Principles
- 2 On the Legal Enforcement of Values. The Importance of the Institutional Context
- 3 Pluralism and Systemic Defiance in the EU
- 4 Infringement Proceedings
- 5 Making effective use of Article 260 TFEU
- 6 Preliminary References as a Means for Enforcing EU Law
- 7 <i>Francovich</i> Enforcement Analysed and Illustrated by German (and English) Law
- 8 The Bite, the Bark, and the Howl
- 9 Compliance and Enforcement in Economic Policy Coordination in EMU
- 10 Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law
- 11 Soft Law and the Enforcement of EU Law
- 12 Protecting EU values
- 13 A Democracy Commission of One’s Own, or What it would take for the EU to safeguard Liberal Democracy in its Member States
- 14 Application of the EU CFR by National Courts in Purely Domestic Cases
- 15 Enforcement of Federal Law against the German <i>Länder</i>
- 16 The Enforcement of Federal Law in the Belgian Federal State
- 17 Regional Defiance and Enforcement of Federal Law in Spain
- 18 Enforcement of National Law against Subnational Units in the US
- 19 The Enforcement of ECtHR Judgments
- 20 Enforcing WTO Law
- 21 Enforcement of UN Security Council Resolutions and of ICJ Judgments
- 22 Securing Compliance with Democracy Requirements in Regional Organizations
- 23 Defiance by a Constitutional Court—Germany
- 24 Defiance for European Influence—the Empty Chair and France
- 25 Questioning the Basic Values—Austria and Jörg Haider
- 26 Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them
- 27 Weak Members and the Enforcement of EU Law
- 28 Inside but Out? The UK and the EU
- Index
