The Role of the European Union in Safeguarding the Rule of Law : Discussing the Polish Case

Delledonne, Giacomo
(2017) The Role of the European Union in Safeguarding the Rule of Law : Discussing the Polish Case — Location: Université Saint-Louis - Bruxelles (19.January.2017)

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  • Delledonne, GiacomoUSL-B
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Abstract
Among the many crises which have marked the debates about the future of European integration in the last few years, a very peculiar one has to do with constitutional crises in some Member States (MSs) of the Union. Since the Central and Eastern Europe MSs joined the European Union as of 2004, their legal and political systems had conformed to the principles of liberal democracy and constitutionalism. However, they are thought to have deviated from a basic European constitutional consensus or to be at risk of doing so. European constitutional consensus is a generic formula, whereas the clause in Art. 2 of the Treaty on European Union (TEU) positively entrenches some values – respect for human dignity, freedom, democracy, equality, rule of law and respect for human rights, including the rights of persons belonging to minorities – which "found" the Union itself and "are common to the Member States". In January 2016, the European Commission announced that the Rule of Law Framework, adopted in 2014, would be triggered in order to engage in discussion with the Polish Government with regard to some controversial measures concerning media pluralism and the independence of the Constitutional Court. In July 2016, the Commission issued a recommendation on Poland, "setting out the Commission's concerns and recommending how these can be addressed". This Midi de l’Europe seminar will discuss the Polish case in light of the ongoing debate about the entrenchment of European founding values in Art. 2 TEU and their possible enforcement vis-à-vis the Member States. In order to do so, the panel is made up of academics and representatives of Polish institutions and the Venice Commission, representing a plurality of approaches and viewpoints.
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Delledonne, G. (2017). The Role of the European Union in Safeguarding the Rule of Law : Discussing the Polish Case. The Role of the European Union in Safeguarding the Rule of Law : Discussing the Polish Case, Université Saint-Louis - Bruxelles. https://hdl.handle.net/2078.5/181642