RSS03.07 Defending the Rule of Law in Europe -Confirmed

Course is confirmed

The rule of law has been under pressure in recent years. Several EU Member States have taken measures that undermine the independence of the judiciary or the protection of fundamental rights. Disciplinary procedures have, for example, been introduced in Hungary and Poland against judges, coupled with questionable appointment processes of new judges. Such rule of law backsliding has gone hand in hand with unrestricted political and media attacks against the judiciary as well as NGOs. Also in other European countries, the rule of law requires constant maintenance and attention. The Council of Europe’s Venice Commission, for instance, held that the resilience of the Dutch rule of law system needs to be strengthened.

This course addresses the question how it can be ensured that the rule of law is sufficiently protected: what role do EU standards and EU institutions play in the protection of these values? This course helps students answering this question in a structured and interdisciplinary way, combining law with legal philosophy as well as sociological and political science approaches to the (empirical) study of the ‘law in action’. The interdisciplinarity is one of the unique features of this course and contributes to a better, in-depth and critical understanding of the concept of ‘rule of law’. Lectures in the course will be provided by prominent experts. The course consists of interactive lectures, discussions as well as (group) presentations. What’s more, students will take part in a joyful and interactive educational escape room?

Topics to be covered include:

• the legal value and justiciability of the values related to the rule of law (i.e. Article 2 TEU).
• the growing importance of the EU Charter for Fundamental Rights, including the right to an effective remedy and to an impartial tribunal in Article 47 of the Charter.
• cooperation between EU Member States in the Area of Freedom, Security and Justice based on the principle of mutual trust and mutual recognition. This cooperation has made increasingly clear that the quality of the rule of law in a particular Member State also affects rule of law and fundamental rights protection in other Member States.
• procedures for effective judicial protection and enforcement of EU law, i.e. infringement procedure initiated by the European Commission (Article 258 TFEU) and preliminary references by national courts (Article 267 TFEU).
• EU budget and rule of law conditionality.

This summer school course forms part of the prestigious Jean Monnet Chair in rule of law in the EU and national legal orders (EURoLNAT).