| dc.description.abstract | This article concerns the procedures of control of the respect of the rule of
law, that is one of the values on which the Union is founded, in accordance with
Article 2 TEU. Article 7 TEU provides for a procedure by which the European
Council may determine the existence of a serious and persistent breach of these
values by a Member State and, consequently, the Council may suspend certain
rights of such State. Moreover, Article 7, para. 1, sets out a mechanism of early
warning in the case of a clear risk of a serious breach. These procedures, that are
entrusted exclusively to the political institutions of the Union, and need large
majorities in the Council and unanimity in the European Council, have not worked
in a satisfactory manner so far. Recently, however, the Court of Justice, on the basis
of Article 19 TEU, which declares that Member States shall provide remedies
sufficient to ensure effective legal protection in the fields covered by Union law,
has affirmed its jurisdiction to evaluate the Polish judicial reform; thus, the Court
has found that Poland had violated the principle of independence of judges, which is
an expression of the rule of law. | it_IT |
