An EU mechanism on democracy, the rule of law and fundamental rights. Annex I - An EU mechanism on democracy, the rule of law and fundamental right

Pech, Laurent ORCID: https://orcid.org/0000-0002-1608-1285, Wennerström, Erik, Leigh, Vanessa, Markowska, Agnieszka, De Keyser, Linda, Gómez Rojo, Ana and Spanikova, Hana (2016) An EU mechanism on democracy, the rule of law and fundamental rights. Annex I - An EU mechanism on democracy, the rule of law and fundamental right. Technical Report. European Union, Brussels. e-ISBN 9789282391389. [Monograph] (doi:10.2861/647142)

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Abstract

This Research Paper provides an overview of the existing EU mechanisms which aim to guarantee democracy, the rule of law and fundamental rights within the EU itself, as set in Article 2 TEU. It analyses the scope of these mechanisms, the role of EU institutions and other relevant actors, and identifies gaps and shortcomings in the current framework. The Research Paper also includes illustrative case-studies on several key challenges, including the limits of infringement actions in addressing the threats to judicial independence in Hungary; the shortcomings of the Cooperation and Verification Mechanism in Bulgaria; and the consequences of a weak fundamental rights proofing of the Data Retention Directive. The Research Paper briefly examines the monitoring mechanisms existing at international level, including the UN and the Council of Europe before considering how the EU institutions interact to protect and promote Article 2 TEU values and the role of national authorities and individuals in fulfilling this objective. An analysis of the impact of the gaps and shortcomings identified in this Research Paper is also offered, with a particular focus on the principle of mutual trust, socio-economic development and fundamental rights protection. The impact on mutual trust is discussed in an illustrative case-study on the consequences of the unequal enforcement of the European Arrest Warrant framework decision. Finally, the Research Paper proposes and assesses a set of vertical and horizontal options in order to overcome these gaps and shortcomings

Item Type: Monograph (Technical Report)
Additional Information: PE 579.328 - April 2016
Corporate author(s) Directorate-General for Parliamentary Research Services (European Parliament)
Keywords (uncontrolled): Fundamental rights
Research Areas: A. > School of Law > Law and Politics
Item ID: 23837
Useful Links:
Depositing User: Laurent Pech
Date Deposited: 08 Mar 2018 12:23
Last Modified: 05 Oct 2020 11:29
URI: https://eprints.mdx.ac.uk/id/eprint/23837

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