The European Union and the "indirect promotion of its values": an analysis of the Justice Scoreboard and the Roma Framework

Van Rijckevorsel, Elisabeth
(2016) Journal européen des droits de l’homme — Vol. 3, n° 4, p. 444-468 (2016)

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  • Van Rijckevorsel, ElisabethUCLouvain
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Abstract
The various “rule of law crisis” Poland, Hungary, Romania and France encounter(ed), relaunched the debate on the need for the European Union to protect its founding values. Dawson and Muir, in particular, highlighted how the European Commission adopted an “indirect protection” approach: it was only to the extent that these values were reproduced within the scope of EU law that it considered to act. Little attention, however, was paid to the initiatives that the European Commission launched to promote the Union’s values. This contribution attempts to fill the gap. It focuses, in particular, on two instruments: The Justice Scoreboard and the Roma Framework, which establish a dialogue on the rule of law and the rights of persons belonging to minorities internally. It is argued that these two instruments participate to an indirect effort to define the rule of law and the rights of persons belonging to minorities. The European Commission justifies its intervention in the ‘value domain’ mainly in economic terms. The paper eventually assesses how this indirect promotion approach affects the definition of these two values
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Van Rijckevorsel, E. (2016). The European Union and the “indirect promotion of its values”: an analysis of the Justice Scoreboard and the Roma Framework. Journal européen des droits de l’homme, 3(4), 444-468. https://hdl.handle.net/2078.5/179486 (Original work published 2016)