| Session | ||
FD04: The Rule of Law in the Multilevel Context: Resilience – Backsliding – Improvement
Panel
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| Download attached papers and presentations: https://drive.google.com/drive/folders/1YractVSSkAJBoaXiwefu_65EUQLKhVgJ?usp=sharing | ||
| Presentations | ||
The Rule of Law in the Multilevel Context: Resilience – Backsliding – Improvement The rule of law has been under pressure in recent years. Several European Union (EU) Member States have taken measures that undermine the independence of the judiciary or the protection of fundamental rights more generally. These developments show that the rule of law requires constant attention and even - protection. The subject of the proposed panel discussion is the rule of law in the multilevel context. On an EU level, the rule of law is a constitutional principle of vaguely outlined semantic contours, covering both formal and material elements. The central question of the panel is how to respond to rule of law backsliding (in the multilevel context) and how to make the rule of law resilient or sustainable? Panellists will try to answer to the following questions as well: • which definition should be applied: the definition adopted in the EU context, or in the Council of Europe (CoE), or should we rather turn to well established interpretations of the rule of law applied in national contexts? • what is the rule of law backsliding? • what role do EU standards and/or EU institutions play in the sustainable protection of these values? • does the EU need new instruments to protect the rule of law? • could the EU better support Member States in their transition back to rule of law compliance? The discussion will result in proposals to develop a new approach to rule of law violations for EU institutions resulting from a combination of pre- and post-accession measures. Papers The past and the present of the rule of law crisis in the EU The present contribution will identify the pros and cons of the EU rule of law toolbox comparing it with the different generations of rule of law conditionality. The goal would be to check the approach of the EU institutions considering both the preparatory path provided for EU candidates and the following necessity to tackle rule of law backsliding. A trait union should be found in the recent case law of the CJEU, namely with the “non-regression” principle, even though one should analyze if the political institutions of the Union will be able to adjust their approach to the rule of law violations with a more close combination of pre and post-accession measures. Examples will be taken from the cases of Ukraine and Poland. Enforcing the rule of law: the changing role of EU institutions The European Union is first and foremost an international organisation, the existence of which depends on the Member States. Being an economic and political entity, it is also a community of shared values and a community of law. The operation of this non-state actor is only possible thanks to the commitment of all Member States, as well as the EU itself, to respect common values, principles, and rules, including the rule of law. Hence, any failure to comply with the rule of law calls into question the entire structure. To address this challenge, the EU has developed various mechanisms: a political mechanism operating in areas not covered by substantive EU law, judicial mechanisms applicable to the extent that other provisions of the treaty and secondary law confirm the competence, and a financial instrument enabling the suspension of EU funds in cases where breaches of the rule of law impact the sound management of EU finances. And just as procedures change, so do the involvement, role, and importance of the institutions. In the political procedure, the Council of the European Union assumes a central role, while judicial procedures highlight the key role of the Court of Justice. And when it comes to the conditionality mechanism, it is the European Commission which is gaining in importance. Re-emerging or "the terror of the ‘rule of law’”. Restoring the rule of law in Poland in the selected topics of media policy in the context of the political battle in the beginning of 2024 The aim of the peper is to identify the causes and indicate the manifestations of the media policy of the Mateusz Morawiecki, together with an indication of violations in the area of the rule of law, and to identify the actions of the Donald Tusk government appointed after the 2023 elections to restore the rule of law in the area of media policy. In the analysis, we will refer to the EU recommendations and standards on media policy of the Member States. The study should indicate whether the existing EU formal as well as informal mechanisms used by EU political institutions to protect against violations of the rule of law will stand the test of time. In addition, we are also at the point of testing the effectiveness of new mechanisms for linking the payment of funds to the condition of the rule of law. The game of ‘rule of law’. The effects of the backsliding ‘rule of law’ in political dimension The new EU mechanism for connecting the payment of funds to compliance with the rule of law has caused a months-long standstill in payments to Poland. Despite the poor state of the Poland's economy, the Polish government has persisted since 2015 in a sharp conflict over the rule of law with EU institutions. In the paper, I will analyze the reasons why M. Morawiecki's government did not meet the conditions known as milestones or apply for RRF payments. It seems reasonable to theorize, especially since the culmination of activities took place during the 2023 campaign period, that the real goal of the governing party was not to raise funds but, above all, to gain political capital. | ||