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The role of EU institutions in the fight against rule of law backsliding in the European Union

Guesnet, O.M.P. (2020) The role of EU institutions in the fight against rule of law backsliding in the European Union.

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Abstract:The rule of law in the European Union is in crisis. This bachelor thesis serves as an inquiry into the institutions of the EU and their role in the prevention of rule of law backsliding currently taking place in Poland and Hungary. The goal of the thesis is finding possible solutions to rule of law backsliding in EU Member States, as the main assumptions are that, the EU has failed to properly address rule of law backsliding within her Member States and that the EU is ill-equipped to effectively hold Member States accountable when they are in breach of their Membership obligations. The paper discusses the legal framework and the constitutional pluralist legal order of the European Union. Following, arguments for and against an EU intervention are weighted to provide an acceptable answer to the question of what ought to be done about increasingly illiberal Member States inside the Union. Finally, this thesis attempts to identify the EU institution’s past mistakes regarding rule of law backsliding and dealing with increasingly authoritarian regimes. Reflecting on these mistakes shall help identify a suitable mechanism to stop rule of law backsliding, maintain the European Legal Order, and the Union of democracies.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:86 law, 88 social and public administration, 89 political science
Programme:Management Society and Technology BSc (56654)
Link to this item:http://purl.utwente.nl/essays/82359
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