10.15166/2499-8249/454
https://www.europeanpapers.eu/en/europeanforum/rule-law-conditionality-long-awaited-step-towards-solution-rule-law-crisis
2499-8249
Kirst, Niels
Niels
Kirst
Dublin City University
Rule of Law Conditionality: The Long-awaited Step Towards a Solution of the Rule of Law Crisis in the European Union?
European Papers (www.europeanpapers.eu)
2021
conditionality
rule of law
effective judicial protection
institutional balance
multiannual financial framework
next generation fund
2021-04-22
European Papers Jean Monnet Network
eng
European Forum Insight
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Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License
European Papers - A Journal on Law and Integration, 2021 6(1), 101-110
European Forum Insight of 22 April 2021
I. Introduction. - II. The adoption of the Conditionality Regulation. - III. Preconditions of the Regulation. - IV. Procedural steps of the Regulation. - V. Substantive definitions of the Regulation. - VI. Sanctions under the Regulation. - VII. The Rule of Law in the Member States v the Rule of Law of the Institutions? - VIII. Prospects of the Conditionality Regulation.
In December 2020, the European Parliament and the Council adopted a new piece of legislation aimed at protecting the rule of law in the Member States of the Union - the so-called rule of law Conditionality Regulation. This contribution tracks the legislative process in the run up to the new Regulation, analyses the sub-stance and the procedure, and provides an outlook onto the future application and its obstacles. Finally, and by placing a particular emphasise on the Conclusions of the European Council in December 2020, this contribution inquires whether the European Council exceeded its remit by giving the European Commission precise instructions regarding the application of the new Regulation.