Research report 2018 - Max Planck Institute for Comparative Public Law and International Law
The protection of EU values in its current rule of law crisis
Bogdandy, Armin von; Schmidt, Matthias
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Heidelberg
SummaryThe EU is currently in a deep, existential crisis, the “rule of law crisis”. This crisis encompasses the intentional undermining of the rule of law in certain Member States and the incapacity to maintain it in others. The EU cannot turn a blind eye to this development. Under Article 2 TEU, the “rule of law” is one of the fundamental values of the Union, upon which its entire legal system is founded. Research at the institute therefore analyses the development doctrinally, such as with the concept of “systemic deficiency”, and is working on solutions.