Journal of the Charles University Law Faculty
Ivo Šlosarčík
Author’s affiliation:
Faculty of Social Sciences, Charles University in Prague
EU Budget and Rule of Law Conditionality: Politics and New EU Rules
Jurisprudence 2/2022 Section: Articles Page: 34-40
Keywords: Rule of Law – Cohesion Policy – Next Generation Fund – Conditionality – Court of Justice of the EU, Poland, Hungary, European Commission, European Parliament, European Council, Proportionality, EU financial framework 2021-2027
Abstract: The article maps the path to the adoption of the rule of law conditionality regulation for the EU budget in 2020 and the political framing of the adoption and application of the new EU regime. The article then analyses the review of the legality of the regulation carried out by the Court of Justice of the European Union (CJEU) on the initiative of Poland and Hungary, where the EU judges provided their insight into the interpretation of the existence of EU competence to adopt the regulation, the relationship between the regime under the new regulation, the mechanism under Article 7 TEU and the CJEU enforcement action, as well as into the EU concept of the rule of law itself.
