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Barbara Grabowska-Moroz: The Systemic Implications of the Supranational Legal Order for the Practice of the Rule of Law

“The European Union legal order constitutes an important challenge to traditional thinking about the rule of law. Even though the rule of law is a fundamental value in the EU, its practical implementation might differ from the rule of law applied by the Member States,” our Post-doctoral Research Fellow Barbara Grabowska-Moroz writes in her article for The Hague Journal on the Rule of Law.

The 'rule of law crisis' identified in a number of Member States in recent years has fueled debate regarding the status of the rule of law principle in the EU legal system, particularly in light of the EU's responsibility to uphold it on a national level. Considering the above, the author analyzes the main guarantees of the rule of law while criticizing the rule of law as it is practiced in the European Union.

At the same time, she examines the impact of the EU's constitutional framework on local and supranational rule of law practices and makes some important suggestions for how to address gaps in this area. Her analysis is complemented by the results of the European Parliament election survey carried out as part of the RECONNECT project.

This article was published in the special issue Theory and Practice of the Rule of Law, co-edited by our researchers, Dimitry Kochenov, Barbara Grabowska-Moroz, Joelle Grogan and Laurent Pech.

Read the full article here.

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