Objectives
Respect for the rule of law, human rights and democracy has become a major concern in the European Union. In a context marked by democratic erosion and even backsliding at the hands of governments in power and by challenges to liberal democracy from a wide range of political and social actors, EU institutions have responded by adopting numerous policy instruments, not without facing major conflicts and tensions. These policy instruments, both hard and soft, have been widely criticised during their adoption and implementation, with observers, academics and political actors alike lamenting that "too little too late" has been done to halt the gradual, or at times, rapid erosion of democracy and its core values.
The objective of this course is to examine the instruments available to the EU to address the lack of respect for the rule of law, human rights and democracy. The course begins with a discussion of the legal and political implications of the EU’s common values and how they have evolved over time, before examining their central role in the development of the EU as a polity.
On the legal dimension, the course offers an in-depth exploration of the evolution of the protection of human rights, the rule of law and democracy within the European Union’s legal order, tracing its origins and development. It will examine the fundamental reasons that led to the inclusion of these values in the EU’s founding treaties. Through a detailed analysis of legal texts and case law, particularly from the European Court of Justice, the course will highlight the pivotal role this institution has played in enforcing the rule of law and upholding the EU’s founding values.
On the political dimension, the course begins by asking “How did we get here?” It then turns to the EU’s rule of law instruments, examining the European Semester, Rule of Law Framework, Rule of law dialogue, Article 7 TEU, infringements, Rule of law Annual Report and the rule of law conditionality in the Next Generation EU and the Recovery and Resilience Facility, and the Democracy Shield. In so doing, the course sheds light on the politics of the rule of law, tackling questions such as:
• How does the European Commission fulfil its role as guardian of the treaties?
• What is the role of the Council?
• How has the European Parliament sought to shape the EU’s rule of law policy?
• When and why do we see the European Council playing an increasing role in this debate?
• What is the role of the Court of Justice?
A significant part of the course will focus on the intersection between, democracy, the rule of law and the protection of human rights in the EU. In particular, it will emphasize the growing importance of judicial independence, which has emerged as a key issue in recent years due to its central role in ensuring the proper functioning of the EU. The lectures will demonstrate how the erosion of judicial independence in Member States can directly undermine the integrity and unity of the EU’s legal order, making its protection at the national level essential.
In short, the political and legal dimensions of the course cover the following big questions:
• What are EU values and where did they come from ?
• How are they legally protected?
• What has gone wrong in practice?
• What instruments has the EU developed in response to rule of law crises?
• Why do different EU institutions act differently?
• Can democracy legitimately defend itself against actors who seek to undermine it?
Throughout the course, students will examine key questions such as:
• What prompted the inclusion of the rule of law, human rights and democracy in EU legal texts, and how has this evolved over time?
• What specific role does the EU play in safeguarding these core values?
• What are the strengths and limitations of the EU instruments – hard and soft – put in place to safeguard democracy and the rule of law in EU member states?
• Why is the protection of judicial independence at the national level vital for the effective functioning of the EU as a whole?
• How does the principle of mutual trust shape the legal framework and governance of the European Union?
By engaging with these questions, students will gain a deeper understanding of the rule of law’s critical importance in the EU and its broader implications democracy, human rights, and European integration. The course will equip students with the legal and political analytical tools necessary to critically assess the challenges and opportunities faced by the EU in safeguarding these core values in a context of increased contestation of liberal democracy.
Respect for the rule of law, human rights and democracy has become a major concern in the European Union. In a context marked by democratic erosion and even backsliding at the hands of governments in power and by challenges to liberal democracy from a wide range of political and social actors, EU institutions have responded by adopting numerous policy instruments, not without facing major conflicts and tensions. These policy instruments, both hard and soft, have been widely criticised during their adoption and implementation, with observers, academics and political actors alike lamenting that "too little too late" has been done to halt the gradual, or at times, rapid erosion of democracy and its core values.
The objective of this course is to examine the instruments available to the EU to address the lack of respect for the rule of law, human rights and democracy. The course begins with a discussion of the legal and political implications of the EU’s common values and how they have evolved over time, before examining their central role in the development of the EU as a polity.
On the legal dimension, the course offers an in-depth exploration of the evolution of the protection of human rights, the rule of law and democracy within the European Union’s legal order, tracing its origins and development. It will examine the fundamental reasons that led to the inclusion of these values in the EU’s founding treaties. Through a detailed analysis of legal texts and case law, particularly from the European Court of Justice, the course will highlight the pivotal role this institution has played in enforcing the rule of law and upholding the EU’s founding values.
On the political dimension, the course begins by asking “How did we get here?” It then turns to the EU’s rule of law instruments, examining the European Semester, Rule of Law Framework, Rule of law dialogue, Article 7 TEU, infringements, Rule of law Annual Report and the rule of law conditionality in the Next Generation EU and the Recovery and Resilience Facility, and the Democracy Shield. In so doing, the course sheds light on the politics of the rule of law, tackling questions such as:
• How does the European Commission fulfil its role as guardian of the treaties?
• What is the role of the Council?
• How has the European Parliament sought to shape the EU’s rule of law policy?
• When and why do we see the European Council playing an increasing role in this debate?
• What is the role of the Court of Justice?
A significant part of the course will focus on the intersection between, democracy, the rule of law and the protection of human rights in the EU. In particular, it will emphasize the growing importance of judicial independence, which has emerged as a key issue in recent years due to its central role in ensuring the proper functioning of the EU. The lectures will demonstrate how the erosion of judicial independence in Member States can directly undermine the integrity and unity of the EU’s legal order, making its protection at the national level essential.
In short, the political and legal dimensions of the course cover the following big questions:
• What are EU values and where did they come from ?
• How are they legally protected?
• What has gone wrong in practice?
• What instruments has the EU developed in response to rule of law crises?
• Why do different EU institutions act differently?
• Can democracy legitimately defend itself against actors who seek to undermine it?
Throughout the course, students will examine key questions such as:
• What prompted the inclusion of the rule of law, human rights and democracy in EU legal texts, and how has this evolved over time?
• What specific role does the EU play in safeguarding these core values?
• What are the strengths and limitations of the EU instruments – hard and soft – put in place to safeguard democracy and the rule of law in EU member states?
• Why is the protection of judicial independence at the national level vital for the effective functioning of the EU as a whole?
• How does the principle of mutual trust shape the legal framework and governance of the European Union?
By engaging with these questions, students will gain a deeper understanding of the rule of law’s critical importance in the EU and its broader implications democracy, human rights, and European integration. The course will equip students with the legal and political analytical tools necessary to critically assess the challenges and opportunities faced by the EU in safeguarding these core values in a context of increased contestation of liberal democracy.
- Enseignant: COMAN Ramona
- Enseignant: Rizcallah Cécilia
- Enseignant: WEYEMBERGH Anne