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The Court of Justice has spoken. The Commission may now, under Regulation 2020/2092, withhold monies from Member States that do not observe the rule of law. This “budget conditionality”, if wielded smartly, should prove a powerful tool if comparative experience coaxing states through union money to follow union policies holds true in Europe. Given the limitations of national reference actions and infringement proceedings that lag behind the nefarious strategies of some governments, and the political obstacles to using Article 7 TEU, we cheer on this new tool of the Union. But we believe the urgency of rule of law concerns demands more pervasive action.


CC-BY-SA Halberstam, Daniel; Schroeder, Werner: In Defense of Its Identity: A Proposal to Mainstream the Rule of Law in the EU, VerfBlog, 2022/2/17,, DOI: 10.17176/20220217-121025-0.

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This work is licensed under a Creative Commons Attribution-Share Alike 4.0 International License.