THE LACK OF UNIFORM UNDERSTANDING OF THE RULE OF LAW IN THE EU AND ITS IMPLICATIONS ON PROSPECTIVE MEMBER STATES

Abstract

The rule of law is a notion impossible to comprehend in its entirety, however, the lack of it in a
certain country is always easily recognized. The EU has the rule of law at its core, which is often
cited in the founding treaties and numerous CJEU decisions. Nonetheless, at this point the EU is
facing a significant rule of law crisis. While the importance of the rule of law is particularly
emphasized with each EU enlargement where rigorous monitoring of the rule of law criterion
implementation is taking place, the EU fails to ensure uniform enforcement within its own
jurisdiction. It is understandable that a country aspiring to join the EU may have a completely
different outlook on the rule of law, or even, a substantial lack of understanding of its essence.
Therefore, it needs to rely on the interpretation generally accepted by all Member States that
will, eventually, decide on its preparedness to join the EU. In this paper we will discuss the lack
of uniform understanding of the rule of law in all Member States and its implications on future
enlargements. Not only does the enlargement represent an opportunity to reevaluate the level of
integration within the EU, it also offers a unique occasion for the enforceability of the core EU
values to be put to the test. In order to ensure political integration after accession, the EU needs
to reevaluate its stance toward the rule of law as an accession criterion in order to ensure it
becomes an erga omnes partes obligation uniformly recognized by all Member States, both old
and new members alike.