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EU Budget and Rule of Law Conditionality: Politics and New EU Rules

Publication at Faculty of Social Sciences |
2022

Abstract

The article maps the path to the adoption of the rule of law conditionality regulation for the EU budget in 2020 and the political framing of the adoption and application of the new EU regime. The article then analyses the review of the legality of the regulation carried out by the Court of Justice of the European Union (CJEU) on the initiative of Poland and Hungary, where the EU judges provided their insight into interpretation of the existence of EU competence to adopt the regulation, the relationship between the regime under the new regulation, the mechanism under Article 7 TEU and the CJEU enforcement action, as well as into the EU concept of the rule of law itself.