Analysis of the existing legal instruments for strengthening the rule of law - "nuclear option" or infringement procedure?

Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15220%2F18%3A73593228" target="_blank" >RIV/61989592:15220/18:73593228 - isvavai.cz</a>
Result on the web
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DOI - Digital Object Identifier
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Result language
angličtina
Original language name
Analysis of the existing legal instruments for strengthening the rule of law - "nuclear option" or infringement procedure?
Original language description
The article publicated in English is dedicated to the comparison of effectiveness of different legal tools for strengthening the rule of law. The procedure contained in Article 7 TEU is designated to deter Member states from the violation of principles of rule of law by a mechanism, which can amount to even the suspension of their voting rights in the Council. The impacts of its application can be so crucial and devasting towards the state concerned, that this procedure is often described as a "last resort mechanism" or even "nuclear option". Recent developments in some Member States have shown that the preventive and sanctioning of Article 7 TEU are not always appropriate to quickly respond to threats to the rule of law in a Member State. As a certain alternative to a ponderous political procedure can be used a judicical proceeding under Article 258 TFEU. But this solutions, nevertheless, has its great limits, given by the fact, that infringement procedures can be launched by the Commission only where these concerns constitute, at the same time, a breach of a specific provision of EU law.
Czech name
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Czech description
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Publication year
2018
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Article name in the collection
5th International multidisciplinary scientific conference on social sciences and arts SGEM 2018
ISBN
978-619-7408-62-1
ISSN
2367-5659
e-ISSN
2367-5659
Number of pages
6
Pages from-to
401-406
Publisher name
STEF92 Technology Ltd
Place of publication
Sophia
Event location
Bulgaria
Event date
Aug 26, 2018
Type of event by nationality
WRD - Celosvětová akce
UT code for WoS article
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