The EU’s Trifecta Mechanisms: Analysis of EU’s Response to the Challenges to the Rule of Law and Corruption
Loading...
Date
2019
Authors
Panov, Stoyan
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
The following paper examines the envisaged framework and effectiveness of the
triangulation of mechanisms currently planned at the EU level: the establishment of
the European Public Prosecutor’s Office (EPPO), proceedings under Article 7 of the
Treaty on European Union (TEU) against Poland and Hungary, and the mechanism to
protect EU’s budget in deficiencies with regards to the rule of law in Member States.
This research focuses on the overall structure and powers of the EPPO with special
attention on its role in investigating and prosecuting offences affecting to the EU’s
financial interests. This includes active and passive corruption among others with
particular emphasis on the expected interaction between the EPPO and the national
authorities. However, not all EU Member States have joined the EPPO framework. Here
the role of the EU institutions is analyzed in light of the recent developments in Article
7 TEU proceedings. A third possible mechanism to react to the growth of executive
powers in some states and the corresponding imbalances is the EU Commission’s
proposal for a mechanism on the protection of the EU’s budget in case of generalized
deficiencies as regards the rule of law. This may include corruption or other breaches
to the implementation of the Union budget.
Description
Keywords
European Public Prosecutor’s Office, Article 7 TEU, Deficiencies in Rule of Law, Anti-corruption, Judicial Review, EU funds, article
Citation
Panov S. The EU’s Trifecta Mechanisms: Analysis of EU’s Response to the Challenges to the Rule of Law and Corruption / Stoyan Panov // Kyiv-Mohyla Law and Politics Journal. - 2019. - No. 5. - P. 83-117.