The politics of guarding the Treaties
Commission scrutiny of rule of law compliance
Bibliographic Data
| ID | 6289767 |
|---|---|
| Authors | Carlos Closa (0000-0002-2935-1926, CSIC - Consejo Superior de Investigaciones Científicas, Institute of Public Goods and Policies (IPP-CCHS), Madrid, Spain, corresponding author) |
| Year | 2019 |
| Volume | 26 |
| Issue | 5 |
| Pages | 696-716 |
| Publication date | 2019-05-04 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of European Public Policy (JOURNAL) |
| Journal identifiers | ISSN: 1350-1763 • E-ISSN: 1466-4429 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/13501763.2018.1477822 |
| OpenAlex | W2806929657 |
| Language | EN |
| Citations received | 51 |
| References cited | 37 |
EN] Commission's expectations on eventual compliance explain its different behaviour when dealing with Rule of Law (RoL) crises in Hungary and Poland. Whilst the Commission activated the first stage of the procedure of article 7 against Poland in December 2017, it resisted to launch the same procedure against the Hungarian government despite mounting criticism and demands from both academics and EU institutions. The Commission considers that compliance depends, on last instance, on the cooperation of domestic authorities. Accordingly, it prefers to engage with them in dialogue and persuasion rather than activating enforcement mechanisms. If engagement strategies fail to obtain compliance, the Commission anticipates the consequence of activating article 7 enforcement: whether it can rely or not on Council support and the effects of not having it and it also anticipates negative consequences such as the future attitude of the affected member state vis-á-vis the EU
Business · Commission · Compliance (psychology · Criticism · Enforcement · European union · Government (linguistics · International trade · Law and economics · Member state · Member states · Persuasion · Political science · Politics · Rule of law · Scrutiny · Sociology · European and International Law Studies · European Criminal Justice and Data Protection · European Union Policy and Governance · Law · Psychology · Public Administration · Social Psychology
Regionalism Under Stress
The Enemy Within? Article 259 TFEU and the EU’s Rule of Law Crisis
When the Accession Legacy Fades Away
Democratic Frontsliding in the European Union
Interactions in a politicised Europe
Why the European Parliament litigates
El Estado de derecho y la condicionalidad del fondo de recuperación
New Principles of Resource Distribution in the Eu and Their Impact on the Countries of the Baltic Region
Understanding the EU’s Response to LGBTI Rights Violations
Avoiding the Inappropriate
One conflict, two public spheres, three national debates
The role of (rule of law) conditionality in MFF 2021-2027 and Next Generation EU, or the stressed budget
How does the EU seek to encourage change in national justice systems? A framework of coordinative and coercive Europeanization at work
Tolerant and intolerant responses to populist parties
Seeking legitimacy
Watering down the ‘nuclear option’? The Council and the Article 7 dilemma
Is the EU’s rule of law crisis a byproduct of dissensus and disunion
Pushing the boundaries’
Conditionality of EU funds
Expect the Best, Prepare for the Worst? EU Council Anticipation of rule of law Challenges During the Hungarian Presidency
In defence of common values
Getting Article 7 done
Las instituciones europeas ante la crisis del Estado de derecho en Hungría y Polonia
Will the European Union escape its autocracy trap
The making of landmark rulings in the European Union
Follow the leader
The European Union's authoritarian equilibrium
Sanctioning democratic backsliding in the European Union
The European Union's Response to the Rule of Law Crisis and the Making of the New Conditionality Regime
Fundamental Change Beneath the Surface
Saving Popular Sovereignty From a Slow Death in the European Union
Limits of Law in the Multilevel System
Democratic backsliding in the European Union
Comparing public attitudes towards internal and external EU sanctions
Ambiguity and interpretive politics in the crisis of European values
Mapping the use of emerging technologies within the public sector across the EU
Varieties of dissensus over liberal democracy in the EU. National and transnational actors
Turning assertive? EU rule of law enforcement in the aftermath of the war in Ukraine
Brexit – the EU membership crisis that wasn’t
Disempowerment through the Backdoor
Institutional logics and the EU’s limited sanctioning capacity under Article 7 TEU
The domestic politics of EU action against democratic backsliding
The rhetoric of inaction
Member states’ differential support for rule of law enforcement in the council of the EU
Enforcement and public opinion
Defining and Operationalising Defiant Non‐Compliance in the EU
The Commission's Approach to Rule of Law Backsliding
The Powers of the Presidency of the Council of the EU to Shape the Rule of Law Enforcement Agenda
The EU Commission
Judges as activists
Explaining judges’ opposition when judicial independence is undermined
The Normalization of the European Commission
The European Commission of the Twenty-First Century
Illiberalism Within
The JCMS Annual Review Lecture Is the E uropean U nion Losing Its Credibility
Why Economic Sanctions Do Not Work
The European Commission
Defying the Commission
Decision-making dynamics in the European Commission
Non‐compliance and the European commission's role in integration
Non-compliance in the European Union
Better Late than Never? On the European Commission's Rule of Law Framework and its First Activation
The Right and the Righteous? European Norms, Domestic Politics and the Sanctions Against Austria
The European Parliament's Role
Is the European Commission Really in Decline
Juncker's political European Commission and an EU in crisis
Paths to Compliance
Why Comply? Social Learning and European Identity Change
Europe’s Other Democratic Deficit
Obstinate and Inefficient
Anchoring Democracy from Above? The E uropean U nion and Democratic Backsliding in H ungary and R omania after Accession
On the Effects of International Economic Sanctions, With Examples from the Case of Rhodesia
Playing the blame game on Brussels
Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU
The Domestic Political Costs of Economic Sanctions
Strengthening the Rule of Law in the EU
Six Lessons of Enlargement Ten Years On
On Enforcement, Management and Persuasion
Trade Sanctions As Policy Instruments
Claims to legitimacy count
Process Tracing and Elite Interviewing
| Unique citing works | 51 |
|---|---|
| Citations per year | 8,5 |
| Citation span | 2020 - 2026 (7) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 51 |