ABSTRACT
This chapter focuses on how to safeguard the values the European Union is based on. The value of the Rule of Law has served as a model since it is the value most frequently referred to recently. On the one hand, one of the EU’s goals is to support its values, but on the other, the EU achieves its goals only by law. The respect for the Rule of Law is a prerequisite for the protection of all fundamental values listed in Article 2 TEU and the establishment of mutual trust in the other Member States. Poland is one of those Member States accused of undermining the Rule of Law at present. Therefore, the latest case-law issued in Polish cases, besides Hungarian cases presented in another chapter, is best suited to examining the issue of the breach of the Rule of Law. The overall goal of the analysis is to assess whether the CJEU has sufficient procedural means at its disposal for efficient safeguarding of the EU values in the case of their breach by the Member States.
Consequently, this chapter determines the functions of Treaty provisions defining the values the European Union is founded on, and examines the procedural measures devoted to enforcing the rules that define EU values. It concludes that the trends in both Poland and Hungary are considered a severe threat to the integrity of the EU, as they undermine the legal foundations of European integration, threatening the proper functioning of the legal system of the EU.
Given the importance of the Rule of Law for the confidence of EU citizens and the effective delivery of the policies of the EU, the Commission’s declaration that the Rule of Law is of central relevance to the future of Europe deserves appreciation. It is also emphasised why the EU processes on the Rule of Law should be viewed as having a legal character.
