EU Rule of Law Procedures at the Test Bench

Managing Dissensus in the European Constitutional Landscape

Cristina Fasone, Adriano Dirri, Ylenia Guerra

• Publisher: Palgrave Macmillan
• Year: 2024
• Print ISBN: 9783031600074
• eBook ISBN: 9783031600081
• Edition: 0
• Topic: Politics & International Relations
• Subtopic: Public Law
• Index: Politics & International Relations

This book analyses the EU rule of law instruments from the perspective of the academic, inter- and intra-institutional dissensus at the EU level. The angle of analysis proposed by this book allows to detect the sources of dissensus inherent in the design of the EU rule of law toolbox and in their enforcement. The proliferation of the instruments, without any major efforts of systematization, seems to be part of the problem, with a series of overlaps. At the same time, especially in the post-pandemic context, the procedures implementing the various EU rule of law tools have become more and more intertwined, so that it becomes difficult to disentangle one from the other in terms of effects. The book thus feed the debate on the strengths and deficiencies of the EU rule of law toolbox ten years after the first ad hoc measures were adopted, also offering some recommendations on how to turn dissensus into constructive mechanisms to improve the management of the rule of law in the EU.

Table of contents

• Cover
• Front Matter
• 1. Introduction: Dissensus as a Trigger and Consequence of the Rule of Law Crisis in the EU
• Part I. The Instruments Provided by EU Primary Law
• Part II. The Tools Offered by EU Legislation
• Part III. The Effectiveness of Soft Law Tools
• Part IV. The Economic and Fiscal Leverage
• Part V. Conclusion
• Back Matter