University:
University College London
Course:
LAWS0014 | European Union Law
Academic year:

2024
Views:

500

Pages:

4
Author:

Nam B.

Rule Of Law In The Conditionality Mechanism Presented by: Dr. KRAJNYÁK Date: 11 – 12 January 2025 Conditionality in EU Law - External policy • Trade and humanitarian aid since the late 1980s  E.g. human rights clauses in the Lomé IV Convention; CETA - Canada • EU Enlargement  The Copenhagen criteria (1993) - Internal policy • Macroeconomic conditionality (1994) • MFF 2014-20: ex-ante and ex-post macroeconomic conditionality • MFF 2021-27: growing emphasis on the respect for the rule of law as a precondition for the receipt of EU funds  → RULE OF LAW CONDITIONALITY TO PROTECT THE EU BUDGET Legislative History of the Conditionality Regulation - COM (2018)324 of the Commission: Proposal for the Regulation on the protection of the Union's budget in case of generalized deficiencies as regards the rule of law in the Member States - - Opinions: • European Committee of the Regions • Court of Auditors • Economic and Social Committee First reading: European Parliament, Council of the European Union, European Commission - Second reading: Council of the European Union, European Parliament - Regulation 2020/2092 of the EP and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget Interpretation of the Rule of Law in the CR - Article 2(a): 'the rule of law' refers to the Union value enshrined in Article 2 TEU • Principles of legality implying a transparent, accountable, democratic and pluralistic law-making process • Legal certainty • Prohibition of arbitrariness of the executive powers • Effective judicial protection (access to justice by independent and impartial courts) • Separation of powers • Non-discrimination and equality before the law  → cf. COM/2014/0158: A new EU Framework to Strengthen the Rule of Law - The concept of generalized deficiency does not appear in the Regulation: • - Systemic versus individual breaches of the rule of law? Interpretation of Article 2 TEU: • Primarily based on the case law of the CJEU • Heterogeneity of the interpretation of the rule of law in the Member States: • État de droit, Rechtsstaat, Rule of law, Stato di diritto, jogállamiság/joguralom...? - The 2014 rule of law framework of the Commission: • - Vague concepts The question of the breaches of the rule of law: exemplificative list Control Mechanism of the Conditionality Regulation - Article 6: • The Commission finds that it has reasonable grounds to consider that the conditions are fulfilled • Written notification to the Member State concerned • The Member State shall provide the required information and make observations • If the Commission considers that the remedial measures do not adequately address the Commission's notification, it shall submit a proposal for an implementing decision on the measures to the Council • The Council acts by a qualified majority