EU Rule of Law Procedures at the Test Bench

"This volume is a much-needed contribution to the scholarship covering the rule of law crisis. It is not only an up-to-date and valuable examination of the growingly complex approach by the Union toward the rule of law crisis. It also offers a very intellectually stimulating  proposal, bringing together a great ensemble of high-quality chapters around the thought-provoking concept of dissensus as a prism through which to critically approach the varied developments in this field."

—Sara Iglesias Sánchez, Professor of EU Law and Administrative Law, Universidad Complutense of Madrid, Spain

This book analyses the EU rule of law instruments from the perspective of the academic, inter- and intra-institutional dissensus at the EU level. The angle of analysis proposed by this book allows to detect the sources of dissensus inherent in the design of the EU rule of law toolbox and in their enforcement. The proliferation of the instruments, without any major efforts of systematization, seems to be part of the problem, with a series of overlaps. At the same time, especially in the post-pandemic context, the procedures implementing the various EU rule of law tools have become more and more intertwined, so that it becomes difficult to disentangle one from the other in terms of effects. The book thus feed the debate on the strengths and deficiencies of the EU rule of law toolbox ten years after the first ad hoc measures were adopted, also offering some recommendations on how to turn dissensus into constructive mechanisms to improve the management of the rule of law in the EU.

Cristina Fasone is Associate Professor of Comparative Public Law at Luiss University, Rome, Italy.

Adriano Dirri is Post-Doctoral Fellow in Comparative Public Law at Luiss University, Rome, Italy.

Ylenia Guerra is Post-Doctoral Fellow in Constitutional Law at Luiss University, Rome, Italy.