Publicação
Safeguarding the Rule of Law: Should´ve and Could´ve Hungary´s 2024 EU Council Presidency Been Prevented?
| Resumo: | The motto of the European Union, "United in Diversity”, symbolises a commitment to unity amidst a rich diversity of traditions, religions, cultures, and models of governance. However, this sense of European identity has been challenged by a process of disintegration through differentiation. The question of whether Hungary should have been legally prevented from assuming the EU Council Presidency in the second half of 2024 due to rule of law concerns is complex and unprecedented. Against the backdrop of a broader democracy and rule of law crisis in Europe, an analysis of Hungary's rule of law trajectory is undertaken, highlighting critical moments of democratic backsliding. It assesses the effectiveness of the EU’s responses to rule of law concerns, including the Article 7 TEU procedure, infringement procedures, and financial sanctions through the new Rule of Law Conditionality Mechanism, the Common Provisions and the Recovery and Resilience Facility Regulations. The functioning of the EU Council is examined, explaining the responsibilities of the rotating Presidency and its importance in EU decision-making. Possible consequences of Hungary's Presidency- both in practical and symbolic terms- for the governance and values of the EU are also analysed. Given the absence of explicit provisions preventing a Member State from assuming the EU Council Presidency, a literature review of the proposed solutions is conducted, and their legal feasibility and diplomatic implications are discussed. In light of the growing influence of far-right movements across Europe and the trend towards democratic backsliding, this study offers insights into possible legal and policy frameworks for dealing with future similar challenges to those imposed by the Hungarian Presidency. |
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| Autores principais: | MARINE VÉRONIQUE YVETTE GHISLAINE BOUTET |
| Assunto: | Hungary European Union Rule of Law Democratic Backsliding Council of the EU EU Presidency Fidesz Viktor Órban Conselho da UE Presidência da UE União Europeia Hungria Estado de direito Retrocesso democrático |
| Ano: | 2024 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório Institucional da UNL |
| Resumo: | The motto of the European Union, "United in Diversity”, symbolises a commitment to unity amidst a rich diversity of traditions, religions, cultures, and models of governance. However, this sense of European identity has been challenged by a process of disintegration through differentiation. The question of whether Hungary should have been legally prevented from assuming the EU Council Presidency in the second half of 2024 due to rule of law concerns is complex and unprecedented. Against the backdrop of a broader democracy and rule of law crisis in Europe, an analysis of Hungary's rule of law trajectory is undertaken, highlighting critical moments of democratic backsliding. It assesses the effectiveness of the EU’s responses to rule of law concerns, including the Article 7 TEU procedure, infringement procedures, and financial sanctions through the new Rule of Law Conditionality Mechanism, the Common Provisions and the Recovery and Resilience Facility Regulations. The functioning of the EU Council is examined, explaining the responsibilities of the rotating Presidency and its importance in EU decision-making. Possible consequences of Hungary's Presidency- both in practical and symbolic terms- for the governance and values of the EU are also analysed. Given the absence of explicit provisions preventing a Member State from assuming the EU Council Presidency, a literature review of the proposed solutions is conducted, and their legal feasibility and diplomatic implications are discussed. In light of the growing influence of far-right movements across Europe and the trend towards democratic backsliding, this study offers insights into possible legal and policy frameworks for dealing with future similar challenges to those imposed by the Hungarian Presidency. |
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