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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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Weak Members and the Enforcement of EU Law

Weak Members and the Enforcement of EU Law

Chapter:
(p.476) 27 Weak Members and the Enforcement of EU Law
Source:
The Enforcement of EU Law and Values
Author(s):

Michael Ioannidis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0028

This chapter focuses on cases where the presumption that all Member States are effective in enforcing their law does not hold: when Member States show structural, persistent, and cross-sector ineffectiveness in enforcing their law. Borrowing from literature on international law as well as insights from the rich research on EU compliance, this chapter develops three main points. The first is that, on some occasions, the EU might face a similar challenge with that of international law when dealing with weak states. To describe such cases of structural ineffectiveness, this chapter develops the concept of ‘weak member’. The second point is that these problems can be captured through the lens of EU constitutional law, and more specifically as Rule of Law problems. The last point is to present some of the measures taken during the Eurozone crisis to respond to this type of problem with regard to Greece.

Keywords:   weak members, international law, weak states, systemic deficiency, EU constitutional law, Rule of Law, Eurozone crisis, Rule of Law problems

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