Protecting EU common values within the Member States: An overview of monitoring, prevention and enforcement mechanisms at EU level

Study 25-09-2020

This study analyses the existing and proposed mechanisms available to the institutions of the EU that may be deployed in order to monitor and enforce the observance of EU values by the Member States. More specifically, the study addresses the status and meaning of EU values (Article 2 TEU) and also discusses existing monitoring and preventive mechanisms (European Semester, EU Justice Scoreboard, Commission's rule of law framework, the Council's dialogues on the rule of law, and the preventive arm of Article 7 TEU) and enforcement mechanisms (preliminary reference rulings, infringement procedures and the sanctions arm of Article 7 TEU)). It also analyses a number of proposed mechanisms: the pact on democracy, the rule of law and fundamental rights; rule of law review cycle; reviewed Council dialogues on the rule of law; and the rule of law budgetary conditionality.