L’iniziativa della Commissione europea per il rafforzamento dello stato di diritto negli Stati membri: quali prospettive di governance multilivello?
Journal title CITTADINANZA EUROPEA (LA)
Author/s Marco Mascia, Pietro de Perini
Publishing Year 2019 Issue 2018/2 Language Italian
Pages 23 P. 21-43 File size 235 KB
DOI 10.3280/CEU2018-002002
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This article analyses the "Rule of Law Framework" initiative launched by the European Commission in 2014 to strengthen the rule of law in member states and prevent the activation of the procedure set forth in art. 7 of the Treaty on European Union. Using a theoretical approach based on Multi-level Governance, the article pursues three objectives. Firstly, it aims to analyse the Commission framework with reference to the parallel initiatives on this matter launched, between 2014 and 2016, by the Council and the European Parliament with a view to verify whether the three institutions are moving synergistically or, on the contrary, a new dialectics between a supranational and a more intergovernmental approaches is emerging. Secondly, the article aims to investigate the external and internal factors that have pushed the European Commission to strengthen its role as the Institution tasked to be the ‘guardian’ of the Treaties. Finally, the article aims to analyse if and to what extent European Institutions have provided for a role for local authorities in implementing these initiatives, also in light of the recommendations advanced by the Committee of the Regions on the issue. Consistent with Multi-level Governance assumptions, and given both the fundamental importance of a healthy rule of law for human rights enjoyment and the significant legitimation and recognition that EU institutions have attributed to local authorities on human rights over time, the main hypothesis driving this article is that European institutions should entrust local authorities with a primary and transversal role in the recent initiatives to strengthen the rule of law
Marco Mascia, Pietro de Perini, L’iniziativa della Commissione europea per il rafforzamento dello stato di diritto negli Stati membri: quali prospettive di governance multilivello? in "CITTADINANZA EUROPEA (LA)" 2/2018, pp 21-43, DOI: 10.3280/CEU2018-002002