The EU, Rule of Law, and Mutual Respect

This round table focuses on the relationship between the ideal of adherence to the Rule of Law on the one hand and mutual respect and recognition among the Member States on the other as demanded, inter alia, by the duty of loyalty. The recent problems with the Rule of Law in the EU, characterised as a 'crisis' even by the members of the Commission demonstrates with clarity that the EU is not effective in promoting, let alone enforcing, the adherence to the Rule of Law among the Member States. Yet, the key principle of mutual recognition among the Member States, characterised by the Court of Justice as fundamental (Opinion 2/13) is stictly and seemingly effectively policed. This brings about an untenable situation that the EU enforces the presumption about reality (i.e. the presuption that all the Member States adhere to the fundamental values of the Union) rather than making sure that the reality at the Member State level is indeed as described in the values provisions in the Treaties (i.e. the actual respect of the values by the Member States). Given the fundamental place occupied by the principle of mutual recognition in the fabric of EU law solving this tension is overwhelmingly important for the success of the European Union as a functioning legal system. Each of the round table participants has a specific take on ensuring that the problem we outlined is fixed as soon as possible.