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Rule of Law Conditionality

Kirst, Niels orcid logoORCID: 0000-0002-8687-749X (2024) Rule of Law Conditionality. In: Fabbrini, F. and Petit, C.A., (eds.) Research Handbook on Post-Pandemic EU Economic Governance and NGEU Law. Research Handbooks in European Law series . Edward Elgar Publishing, Cheltenham, UK, pp. 195-208. ISBN 9781035328161

Abstract
Over the last decade, the European Union’s (EU) rule of law instruments have grown exponentially.1 This development was commensurable to the rule of law challenges that the EU faced from several Member States – Hungary and Poland being the main perpetrators.2 However, more instruments have not led to better results. As Christina Fasone points out, ‘[t]he growing set of rule of law instruments is not necessarily promoting better results, as the detachment between the theory and the practice of the rule of law seems to prove’.3 As a result, financial conditionality has become the EU’s instrument of choice to safeguard the rule of law in the Member States. This chapter analyses the main conditionality instrument that the EU adopted at the end of 2020 – the Regulation (EU) 2020/2092 on a general regime of conditionality for the protection of the Union budget (the Conditionality Regulation).4 The chapter argues that due to the failure of legal mechanisms and lack of political will, the EU has shifted rule of law protection to the budgetary realm. With the Conditionality Regulation, the EU walks a fine line by protecting fundamental values via budgetary means. In the short term, this strategy seems to work. In the long term, however, it must be proven to be sustainable. This chapter is structured as follows: section 2 sheds light on the history of the rule of law Conditionality Regulation. It explains how the regulation came about and summarises the approval process and its challenges. Section 3 analyses the Conditionality Regulation’s core features. Section 4 examines the interrelation between the Conditionality Regulation and the NGEU Recovery Fund. Section 5 analyses the only application of the regulation so far against the Member State of Hungary and its political implications. Finally, the Conclusion summarises and evaluates the Conditionality Regulation.
Metadata
Item Type:Book Section
Refereed:Yes
Uncontrolled Keywords:Next Generation EU; Economic Governance; Economic and Monetary Union; Recovery; Integration; EU Law
Subjects:Social Sciences > International relations
Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science
DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Edward Elgar Publishing
Official URL:https://www.elgaronline.com/edcollchap/book/978103...
Copyright Information:Authors
ID Code:31990
Deposited On:11 Dec 2025 13:21 by Niels Kirst . Last Modified 11 Dec 2025 13:21
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