lecture 9- rule of law (backsliding)

Question 1

What subjects are part of the concept of Rule of Law?

Answer 1

1. legality
2. Legal certainty and transparency
3. prohibition of arbitrariness
4. access to justice before independent and impartial courts
5. non-discrimination and equality before the law

Question 2

What is ‘legality’ in the context of rule of law?

Answer 2

• actions of EU public bodies under and within the law. - legal basis, within limits of these powers.
• correct exercise of discretionary power
• transparent, accountable, and democratic process for enacting law

Question 3

What is ‘legal certainty and transparency’ in the concept of Rule of Law?

Answer 3

• Law must be certain, foreseeable, and easy to understand
• Protection of legitimate expectations
• transparency - access to documents, and know who is responsible for decisionmaking

Question 4

What is ‘Prohibition of arbitrariness’ in the concept of rule of law?

Answer 4

• right to fair and impartial treatment
• absence of arbitrary action and unjustified preferential treatment
• no conflicts of interest
• provide reasoning
• follow objective standards of the law

Question 5

What is ‘Access to justice before independent and impartial courts’ in the concept of rule of law?

Answer 5

• right to an effective judicial remedy and additional rights of defence.
• wherever there is a right, there is a remedy.
• including judicial review of administrative acts.

Question 6

What is ‘Non-discrimination and equality before the law’ in the concept of rule of law?

Answer 6

• Absence of discrimination on grounds such as race, color, sex, language, religion,
  political opinion, national or social origin, birth etc.
• equality before the law central to concept of RoL (objectivity of law)
• Similar situations must be treated equally and different situations differently

Question 7

Why is it important for the EU that memberstates respect RoL?

RULE OF LAW

Answer 7

-national courts enforce EU law (direct effect)
-RoL backsliding affects effectiveness of EU law.

Question 8

What can the EU do against RoL backsliding according to the treaties?

according to TEU

Answer 8

ART. 7 TEU (nuclear option)
1. (ON PROPOSAL COMM, 1/3 MS) conversation with memberstate, Council makes recommendations.
2. EC can decide by unanimity that there is a serious breach– and then the rights (such as voting rights) can be suspended of member state in question.

Question 9

What is the role of the memberstates regarding RoL?

Answer 9

-government should act on a basis deemed valid by legal system.
- Independent courts must be able to assess, in an objective manner,
whether the limits on lawful authority have been exceeded.
-In order to join EU as a state, state should respect Rule of Law.