Augmenting the Charter’s Role in the Fight for the Rule of Law in the European Union: The Cases of Judicial Independence and Party Financing

Abstract

This project has received funding from the European Union's Horizon 2020 Research & Innovation programme under Grant Agreement no. 770142. The information in this deliverable reflects only the authors' views and the European Union is not liable for any use that may be made of the information contained therein.

Walking the line in times of crisis: EU fundamental rights, the foundational value of the rule of law and judicial response to the rule of law backsliding

“…The assessment and application of the two-prong test above may also politicize the decision-making process of the courts in the sending/executing State. 107 The second prong of the test requires the relator to prove how the systematic breach in the receiving Member State would individually affect his/her rights. 108 However, the CJEU derived its formulation of the standard through analogy from the Article 4 CFR (the prohibition of torture, inhuman and degrading treatment).…”

EU Values Are Law, After All: Enforcing EU Values Through Systemic Infringement Actions by the European Commission and the Member States of the European Union

“…The Commission's strategy for the effective implementation of the Charter of Fundamental Rights by the European Union started by strictly following a narrow logic, looking for a direct link with the acquis 403 instead of recognizing that it had an obligation to enforce the values of Article 2 TEU as well. 404 Interestingly, however, in 2017, the Commission hinted at a broader view, when it announced that it would 'pursue cases in which national law provides no effective redress procedures for a breach of EU law or otherwise prevents national judicial systems from ensuring that EU law is applied effectively in accordance with the requirements of the rule of law and Article 47 of the Charter on Fundamental Rights of the EU'. 405 Since that time, all of the major infringement proceedings against Hungary either pending currently before the Court, such as the asylum cases 406 and the two cases involving restrictions on NGOs, 407 or lost by Hungary, such as Lex CEU, 408 all include alleged violations of the Charter of Fundamental Rights.…”