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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Protecting EU values

Protecting EU values

Reverse Solange and the Rule of Law Framework

Chapter:
(p.218) 12 Protecting EU values
Source:
The Enforcement of EU Law and Values
Author(s):

Armin von Bogdandy

Carlino Antpöhler

Michael Ioannidis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0013

This chapter discusses the instruments currently on the table regarding the enforcement of EU values, exposing their strengths and weaknesses in legal and practical terms. It also offers an evaluation of the first use of the Rule of Law Framework. So far, most of the proposed instruments have been presented in isolation. This is particularly true of the proposed ‘Copenhagen Commission’ and the ‘Reverse Solange’ mechanism. This chapter presents and normatively assesses the ideas proposed and discusses a possible way to combine instruments that so far have been considered separately. It argues that the most apt European response to systemic deficiencies is to combine judicial mechanisms, including the Reverse Solange mechanism, as well as a complementary political approach.

Keywords:   EU values, Rule of Law, Rule of Law Framework, Reverse Solange mechanism, Reverse Solange, judicial mechanisms, political approaches

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