ABSTRACT
The Rule of Law principle has recently appeared in the EU legal order in the context of the different procedures that are used to induce the Member States to change their course of action. It applies in particular to the procedure under Article 7 TEU, where the state is subject to a political assessment. However, this also applies to judicial procedures; in particular, preliminary ruling procedures or infringement procedures initiated by the Commission against violations of Treaty obligations by a state. While in case of Article 7 TEU, Member States may influence the decision of the European Council that ultimately decides on these matters, the Court of Justice of the European Union (CJEU) is an independent body, and its decisions may be of major importance for states, not only politically or legally, but also financially. At present, the CJEU is conducting several parallel proceedings in which – based on the interpretation of Article 2 TEU – the actions of the Polish government are the subject of in-depth analysis, which may, it is hoped, have a measurable impact on further developments in Poland. The proposed link between the EU budget and respect for the Rule of Law, where the European Parliament plays a significant role, should also be added to this picture. Can we say, therefore, that the Member States are at present still masters of the Treaties, controlling the competences of the organisation they created, or does the autonomy of EU law and the created independence of the CJEU mean that – perhaps against the will of some governments – the power of the Member States to act independently is restricted?
