Week 8: Rule of Law in the EU

Vocabulary flashcards covering key terms and concepts from Week 8 lecture notes on the rule of law in the EU.

Rule of Law

A framework for governing that includes legality, predictability, protection of human rights, and an independent judiciary to check government power.

Principle of legality

Laws must be enacted through transparent, democratic processes and not retroactively; prevents arbitrary rulemaking.

Legal certainty

Laws are clear and stable so people can foresee legal outcomes and rights without retroactive changes.

Prohibition of arbitrariness

Government actions are constrained to avoid arbitrary or capricious decisions.

Independent and effective judicial review

Judicial oversight that is independent and capable of upholding rights and checking executive power.

Right to fair trial and separation of powers

Due process and impartial proceedings, with power divided among branches to prevent abuse.

Equality before the law

All individuals are treated equally under the law, without discrimination.

Wider aspects of good governance

Additional EU expectations from member states beyond core rule of law, such as anti-corruption, transparency, and human rights protections.

Corruption

Abuse of entrusted power for private gain; targeted under EU governance and enforcement efforts.

Money-laundering

Concealing the origins of illegally obtained money; a focus area for EU action against economic crime.

Economic crime

Crimes affecting the economy (e.g., fraud, corruption) that undermine market integrity.

Data protection

Safeguarding personal data and privacy against misuse and unauthorized access.

Freedom of expression

Right to express opinions freely, including a free press.

Fairness in public procurement

Transparent and non-discriminatory awarding of public contracts.

Copenhagen criteria

Membership conditions: stability of democracy, rule of law, human rights, protection of minorities (plus economic criteria).

Association Agreement

Pre-membership framework; period before negotiations with the EU, Council assesses readiness to begin talks.

Treaty of Accession

Agreement signed by the EU, member states, and the candidate country to admit new members.

Chapters of law

Negotiated legal areas within EU accession negotiations, with progress reports.

Rule of Law report (EU)

Annual EU Commission report on rule of law for each member state, with input from the state.

Article 7 TEU

EU mechanism to address serious breaches of EU values, potentially leading to suspension of voting rights after a staged process.

Deficits in member states

Identified shortcomings in rule of law or governance as highlighted in EU assessments.

Poland 2017 judicial reforms

Reforms perceived to undermine judicial independence; led to EU proceedings starting in 2017.

Hungary 2018 issues

Concerns over public contracts, misuse of EU funds, and conflicts of interest affecting governance.

Rule of law conditionality (2020)

Linking EU fund disbursement to compliance with rule-of-law standards.

ECJ decisions (2022)

European Court of Justice rulings in response to challenges by Poland and Hungary; includes fines on Poland.

Enforcement conclusion

Financial penalties are more likely than withdrawal of voting rights; raises questions about consistency and effectiveness of enforcement.