Could systemic infringement actions be a game-changer in ensuring uniform compliance with the values of the Union in the context of the Rule of Law crisis? And what about direct systemic inter-state actions?
Kim Scheppele (Princeton), Dimitry Kochenov and Barbara Grabowska-Moroz (Groningen) argue that Articles 258 and 259 TFEU still have a huge potential. The sitution is drastic. Despite ten years of EU attempts at reining in Rule of Law violations and even as backsliding Member States have lost cases at the Court of Justice, illiberal regimes inside the EU have become more consolidated: the EU has been losing through winning. More creative work is needed to find ways to enforce the values of Article 2 TEU more effectively.
Taking this insight, a systemic infringements approach could help turn the EU into a militant democracy, able to defend its basic principles, by using the traditional tools for the enforcement of EU law in a novel manner. A recent Yearbook of European Law paper provides the background for this conversation.
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SPEAKERS:
Kim Lane Scheppele, Professor, Princeton University
Barbara Grabowska-Moroz, Researcher, University of Groningen
Dimitry Vladimirovich Kochenov, Professor, University of Groningen, Fellow, COMPAS Oxford
Kees Sterk, Senior Judge and Professor, University of Maastricht
John Morijn, Dutch Equality Commissioner and Professor, University of Groningen
Introduced by Jan Wouters, Professor, KU Leuven, RECONNECT Coordinator