“The Rule of Law Mechanism” and the Hungarian and Polish Resistance: European Law Against National Identity?

“The Rule of Law Mechanism” and the Hungarian and Polish Resistance: European Law Against National Identity? [PDF]

Professor Dr. iur. Christoph J. Schewe, M.E.S.
Fachhochschule für Verwaltung und Dienstleistung, Kiel-Altenholz/Reinfeld

Dr. Thomas Blome
Hochschule des Bundes für öffentliche Verwaltung, Brühl

Similarly to the rest of the world, the COVID-19 pandemic has also hit the European Union (EU) severely. In order to foster the process of the economic recovery of EU Member States, the EU Member States agreed on a financial aid package combined with a regulation – the conditionality mechanism – that provided for financial sanctions in the event of a breach of the rule of law. Given that the positions of Poland and Hungary in the adoption process of this regulation caused a controversy, this article examines general questions on the rule of law, the regulation and the background to the controversy.

Keywords: rule of law, conditionality mechanism, regulation on general conditional rules for the protection of the budget of the Union, national identity, democracy.

pp. 49–67
https://doi.org/10.22364/jull.14.03

Juridiskā zinātne / Law, No. 14, 2021

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Editor-in-Chief Prof. Jānis Lazdiņš, University of Latvia
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Journal of the University of Latvia “Law”
ISSN 1691-7677
https://doi.org/10.22364/jull.14

© University of Latvia, 2021