Sorteando los inconvenientes del artículo 7 TUE: el advenimiento del control jurisdiccional del Estado de derecho
The reality of recent years has shown an increasing number of cases in which some governments are consciously seeking to undermine systematically Union’s key values. It is then that we have become aware of the inadequacies of Art. 7 TEU to address systemic challenges against these values, allowing f...
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| Format: | Article |
| Language: | Spanish |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7527356 |
| Source: | Revista de Derecho Comunitario Europeo, ISSN 1138-4026, Año nº 24, Nº 66, 2020, pags. 473-517 |
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| Summary: |
The reality of recent years has shown an increasing number of cases in which some governments are consciously seeking to undermine systematically Union’s key values. It is then that we have become aware of the inadequacies of Art. 7 TEU to address systemic challenges against these values, allowing for an unfortunate impasse in the Council. However, since the end of 2017, a series of fundamental judgements have revealed the ECJ’s firm will to act as guardian of the orthodoxy of the European constitutional order in order to protect at least judicial independence in the Member States. In this context, infringement procedures through the accelerated procedure and accompanied by the interim measure of suspension under the warning of large fines have proven to be an effective way of reacting to this crisis of the rule of law. Also before the Union itself, the Court of Justice tries to make prevail the different profiles of the rule of law, although in some areas the balance is unconvincing. As long as this continues, there is certainly a contrast between the Union’s control of respect for the rule of law by itself and the opposite attitude towards its Member States. |
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