ABSTRACT

This chapter considers the extent to which the FRA is involved in the task of guaranteeing respect for the rule of law within the EU. Article 2 of the Treaty on European Union presents the rule of law as a foundational value of the EU. At present, however, the EU is confronted with a systematic breakdown of the rule of law in some Member States. The authors argue that FRA’s mandate should be revised in order to enable the Agency to play a more meaningful role in addressing ‘rule of law backsliding’. In addition, a systematic involvement of FRA in the Commission’s Rule of Law Framework and a formal role in the context of the Council’s Annual Rule of Law Dialogue must be organized. It is to be hoped that the forthcoming review of these two rule of law instruments, both of which were adopted in 2014 and have shown many shortcomings, will result in the proposed changes regarding FRA’s role.