Essays about: "Article 258 TFEU"

Found 3 essays containing the words Article 258 TFEU.

  1. 1. Going on Offense in Defense of National Judiciaries : On the Infringement Action and its Use in Combating Threats to Judicial Independence

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Henrik Reinhammar; [2022]
    Keywords : Judicial Independence; Infringement Actions; Article 258 TFEU; Rule of Law; Court of Justice; European Commission;

    Abstract : .... READ MORE

  3. 2. 'Guardian of the Rule of Law' - Effective enforcement of EU values through the rule of law framework

    University essay from Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionen

    Author : Agnes Magnusson Folkesson; [2021]
    Keywords : Eu law; Rule of law; EU values; Infringement procedure; Preliminary reference; Democratic backsliding; Law and Political Science;

    Abstract : Different EU institutions have handled the rule of law-crisis in different ways, with strong academic criticism towards the Commission regarding that they should have a more systematic and aggressive approach in their Article 258 TFEU procedures. Through an analysis of the different procedures available in Article 7 TEU, Article 258, 259 and 267 TFEU it is researched how effective these procedures are when examined together with a theory of effectiveness, for the purpose of upholding the fundamental principles and values in Article 2 TEU and enforce these. READ MORE

  4. 3. A new dawn for the Infringement Procedure - New possibilities to safeguard the rule of law under Article 258 TFEU

    University essay from Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionen

    Author : Franziska-Marie Hilpert; [2019]
    Keywords : Rule of law; Hungary; Poland; second subparagraph of Article 19 1 TEU in combination with Article 47 of the Charter; Infringement Procedure; Charter of Fundamental RIghts; rule of law crisis; effectively enforcing the values under Article 2 TEU; C-235 17 Commission v Hungary; C-619 18 Commission v Republic of Poland.; Law and Political Science;

    Abstract : The 'rule of law crises' in Hungary and Poland have shown weaknesses in the European Union’s system of enforcing the values enshrined in Article 2 TEU after accession. Especially Article 7 TEU as well as the other enforcement procedures have proven to be incapable of forcing Member States back into compliance with the values enshrined in Article 2 TEU so far. READ MORE