ABSTRACT
The predominant framework in which the far-right can be tackled on an EU level is the rule of law. To this end, an historical and conceptual critique of the rule of law shall be conducted as well as an assessment of how the EU is dealing with rule of law backsliding in Hungary and Poland. The chapter considers the substance of Article 7 of the TEU as well as the New EU Framework to Strengthen the Rule of Law and the Council’s Annual Dialogue on the Rule of Law, with the latter two constituting some of the more recent additions to the EU’s resource kit for the preservation of the rule of law. The chapter then considers the Charter of Fundamental Rights of the EU and especially its provisions which relate to the freedom of expression, freedom of association and assembly and freedom of non-discrimination, the 1996 Joint Action adopted by the Council concerning action to combat racism and xenophobia, its follow up 2008 Council Framework on combatting certain forms and expressions of racism and xenophobia by means of criminal law and the relevant European Parliament Resolutions. Finally, this chapter looks at two reports, the Evrigenis Report and the Ford report, which were formulated during the early stages of the EU’s involvement in the regulation of the far-right.
