The present contribution deals with the recent initiatives of the European institutions in ensuring the respect of the rule of law and the common values set forth in Article 2 TEU. It highlights the different scope of procedure under Article 7(1) of the Treaty on European Union with the infringement procedure under Article 258 TFEU. While the Council, in applying Article 7(1) TEU, has not done enoughto address the situation in Poland and in Hungary, the Commission opened a number of infringment procedures against those two Member Statesin order to sanction serious and systematic breaches of fundamental rights and common values established in Article 2 TEU. In the cases against Poland concerning the retirement regime of Polish judges and public prosecutors the Court of Justice ascertained the breach of the principle of independence of judges recognized by Article 19 TEU and Article 47 of the European Charter. A third infringement procedure is pending concerning the disciplinary system, in which the Commission decided to ask the Court of Justice to impose interim measures on Poland, ordering it to suspend the functioning of the Disciplinary Chamber of the Supreme Court.Moreover, in AKthe Court of Justice held that Article47 of the Charter and the principle of the primacy of EU law require the referring court to disapply the provision of national law which is contrary to the principle of independence and impartiality of judiciary. Furthermore, the Author examines the Resolution through which the European Parliament has expressed its regret that the hearings in the Council under Article 7(1)TEUhave notyet brought any significant result with regard to redressing clear risks of a serious breach of the values referred to in Article2 of the TEU.The Author concludes that infringment procedures and financial sanctions can play an important role in safeguarding fundamental rights and common values in the EU and Member States
P. MORI, La questione del rispetto dello Stato di diritto in Polonia e in Ungheria: recenti sviluppi, in federalismi.it, 8/2020
Mori, Paola
2020-01-01
Abstract
The present contribution deals with the recent initiatives of the European institutions in ensuring the respect of the rule of law and the common values set forth in Article 2 TEU. It highlights the different scope of procedure under Article 7(1) of the Treaty on European Union with the infringement procedure under Article 258 TFEU. While the Council, in applying Article 7(1) TEU, has not done enoughto address the situation in Poland and in Hungary, the Commission opened a number of infringment procedures against those two Member Statesin order to sanction serious and systematic breaches of fundamental rights and common values established in Article 2 TEU. In the cases against Poland concerning the retirement regime of Polish judges and public prosecutors the Court of Justice ascertained the breach of the principle of independence of judges recognized by Article 19 TEU and Article 47 of the European Charter. A third infringement procedure is pending concerning the disciplinary system, in which the Commission decided to ask the Court of Justice to impose interim measures on Poland, ordering it to suspend the functioning of the Disciplinary Chamber of the Supreme Court.Moreover, in AKthe Court of Justice held that Article47 of the Charter and the principle of the primacy of EU law require the referring court to disapply the provision of national law which is contrary to the principle of independence and impartiality of judiciary. Furthermore, the Author examines the Resolution through which the European Parliament has expressed its regret that the hearings in the Council under Article 7(1)TEUhave notyet brought any significant result with regard to redressing clear risks of a serious breach of the values referred to in Article2 of the TEU.The Author concludes that infringment procedures and financial sanctions can play an important role in safeguarding fundamental rights and common values in the EU and Member StatesI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
