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SSRN Electronic Journal
Article . 2014 . Peer-reviewed
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On Policing Article 2 TEU Compliance Reverse Solange and Systemic Infringements Analyzed

Reverse Solange and Systemic Infringements Analyzed
Authors: Kochenov, Dimitry;

On Policing Article 2 TEU Compliance Reverse Solange and Systemic Infringements Analyzed

Abstract

At this stage of development of EU integration the problems emanating from the ‘crisis of values’ and the poor enforceability of Article 2 TEU have come to the fore in Hungary and elsewhere. The Union is apparently powerless to ensure that it is indeed composed of democratic states based on the rule of law as the Treaties state. The crucial issue for the successful development of EU law in this context is to find an efficient and expedient way to remedy this situation. While a number of scholarly proposals of how to do this have been tabled (besides the Commission’s own ‘pre-Article 7 procedure’ communication), two among them stand out. This paper provides a systemic critical analysis of the two, most detailed and potentially far-reaching scholarly proposals currently available. The focus is on the ‘Reverse Solange’ proposal by Armin von Bogdandy et al. and on the ‘systemic infringement’ proposal by Kim Lane Scheppele. While both proposals for dealing with the crisis of the Rule of Law are of importance, as they provide valuable starting points in thinking about what to do at this troubling moment of EU integration history, neither of the two is likely to solve the crisis. Placing them in the context of numerous other options which are currently discussed is of key importance for solving the Union’s problems and bringing Hungary and eventual other deviant Member States back on track now and also in the future.

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Netherlands
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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Average
Average
Published in a Diamond OA journal