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Threats to the Rule of Law: The Pitfalls of the Cooperation and Verification Mechanism

Threats to the Rule of Law: The Pitfalls of the Cooperation and Verification Mechanism The Juncker Commission has recently indicated that the experienced gained from the Cooperation and Verification Mechanism (CVM) is relevant when addressing rule of law challenges in all Member States. It has also proposed to monitor the rule of law in all Member States. Bulgaria and Romania are the only EU members which are subjected to the CVM because they did not fully fulfill the accession criteria on the rule of law when they acceded to the Union in 2007. In 2018, the Juncker Commission identified important progress in Bulgaria and promised to lift the mechanism for the country before the end of its term. Yet, has the CVM helped Bulgaria strengthen its rule of law? By using Bulgaria’s CVM as a case study, this article showcases some of the pitfalls of this mechanism, including the quality of the Commission’s monitoring – namely, that Bulgaria’s rule of law declined despite the CVM. Dissecting this phenomenon is important not just in light of the Commission’s own call to study the experience gained from the CVM, but also in view of growing concerns about dual standards in enforcing EU values in the Union. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Threats to the Rule of Law: The Pitfalls of the Cooperation and Verification Mechanism

European Public Law , Volume 26 (3): 28 – Dec 1, 2020

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Publisher
Kluwer Law International
Copyright
Copyright © 2020 Kluwer Law International BV, The Netherlands
ISSN
1354-3725
Publisher site
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Abstract

The Juncker Commission has recently indicated that the experienced gained from the Cooperation and Verification Mechanism (CVM) is relevant when addressing rule of law challenges in all Member States. It has also proposed to monitor the rule of law in all Member States. Bulgaria and Romania are the only EU members which are subjected to the CVM because they did not fully fulfill the accession criteria on the rule of law when they acceded to the Union in 2007. In 2018, the Juncker Commission identified important progress in Bulgaria and promised to lift the mechanism for the country before the end of its term. Yet, has the CVM helped Bulgaria strengthen its rule of law? By using Bulgaria’s CVM as a case study, this article showcases some of the pitfalls of this mechanism, including the quality of the Commission’s monitoring – namely, that Bulgaria’s rule of law declined despite the CVM. Dissecting this phenomenon is important not just in light of the Commission’s own call to study the experience gained from the CVM, but also in view of growing concerns about dual standards in enforcing EU values in the Union.

Journal

European Public LawKluwer Law International

Published: Dec 1, 2020

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