Open Access“The Rule of Law Mechanism” and the Hungarian and Polish Resistance: European Law Against National Identity?
Author(s) -
Christoph Schewe,
Thomas Blome
Publication year - 2021
Publication title -
juridiskā zinātne
Language(s) - English
Resource type - Journals
eISSN - 2592-9364
pISSN - 1691-7677
DOI - 10.22364/jull.14.03
Subject(s) - conditionality , sanctions , member states , political science , law , european union , order (exchange) , mechanism (biology) , rule of law , member state , resistance (ecology) , law and economics , economics , international trade , ecology , finance , politics , biology , philosophy , epistemology
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.