The Proposal to Create the European Union Mechanism to Monitor Democracy, the Rule of Law and Fundamental Rights, and the Council of Europe Reaction
- Institution: Jan Kochanowski University in Kielce
- ORCID: https://orcid.org/0000-0002-3318-3742
- Year of publication: 2020
- Source: Show
- Pages: 475-486
- DOI Address: https://doi.org/10.15804/ppk.2020.06.38
- PDF: ppk/58/ppk5838.pdf
The rule of law is one of the founding values of the EU, as indicated in Art. 2 TEU. This provision recognizes that the rule of law is a core value, inherent to liberal democracy, and one which characterized the Union and its Member States. Taking into account this context, as well as the deficiencies of the EU mechanism to enforce the rule of law within the Member States, European Parliament called on the Commission to establish a new tool to address rule of law backsliding in Member States. In October 2016, Parliament addressed recommendations to the Commission on the establishment of EU mechanism on democracy, the rule of law, and fundamental rights (EU pact for DRF) in the form of an international agreement. The new mechanism should integrate and complement the existing mechanism, should be evidence-based, objective, addressing the Member States and EU. The author analyzes this initiative and tries to answer why it was not fully realized. Additionally, he presents a reaction to that initiative of the Council of Europe. There is no doubt, that realization of the EU Pact for DRF would inf luence the Council of Europe and weaken its role as a main European mechanism in the area of protection of democracy, rule of law, and human rights.