Protecting and Enforcing Respect for Fundamental Rights and the Rule of Law By Member States in the European Union

Abstract

This article examines some of the procedural mechanisms for the protection and enforcement of fundamental rights and the rule of law in the Member States of the European Union (EU), providing a brief historical reconstruction since the establishment of the European Communities to illustrate the broad normative framework for the protection and effective implementation of fundamental rights, based on the central role played by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) in this process. Despite progress in the protection of fundamental rights, the article discusses the challenges facing the EU, including the implementation of ECJ rulings by Member States, the coordination between national and European legal systems through preliminary rulings, and the role of the Court's jurisprudence as the "guardian of the Treaties". Finally, the article discusses Article 7 of the Treaty on European Union (TEU) as a mechanism for dealing with situations of serious and persistent breaches of the EU's fundamental values by a Member State in systemic situations that threaten the integrity of the rule of law. The article concludes by highlighting the importance of preliminary rulings and actions for failure to fulfil obligations for the protection of fundamental rights in the EU, and the crucial role of the ECJ in this context. It also focuses on the relevance of Article 7 TEU as a necessary instrument to ensure the fulfilment of fundamental values and the maintenance of the rule of law in the EU, explaining the additional mechanisms created in the recent period to deal with the recent affronts to the rule of law fuelled by the rise of illiberal or conservative governments.