Onko oikeusvaltioperiaatteelle perustuvalla Euroopan unionilla toimivalta suojata oikeusvaltioperiaatetta?
Avainsanat:
eurooppalainen valtiosääntöoikeus, oikeusvaltioperiaate, toimivalta, perusoikeudetAbstrakti
Lakimies-aikakauskirjan nuorten kirjoittajien palkinto 2016
Does the European Union, based on the rule of law, have competence to protect the rule of law?
The Member States of the European Union have faced a number of rule of law crises in the past years. The European Commission took for the first time with regard to Poland. It did so by applying its new framework for the protection of the rule of law in Member States. In accordance with the new framework, the Commission has recommended that the Polish authorities take action and resolve the political constitutional crisis that has deprived the Constitutional Court of its possibilities to adjudicate. When the framework for the protection of the rule of law was set up, it faced some criticism by Member States and the Legal Service of the EU Council. The Legal Service found that the framework fell outside the principle of conferral and there was no competence to build a new mechanism based on the existing Treaties. This article returns to the question of competence. The criticism of the Legal Service and of some Member States on the lack of competence can be analysed in more detail against the background of the Commission recommendation on Poland. The author argues that the case of Poland shows that the new framework is used in situations where a grave violation of the essence of the rule of law principle has occurred and it results solely in political pressure. This makes the criticism on competence a relative issue.
