Better Late than Never? On the European Commission's Rule of Law Framework and its First Activation
本文分析了欧盟委员会2014年通过的法治框架及其2016年首次对波兰激活的决策，指出仅靠这一软性机制无法解决成员国系统性违反欧盟价值观的问题。
Abstract This article first offers an overview of the European Commission's Rule of Law Framework, which was adopted in March 2014. The mechanism's potential effectiveness and the Commission's reasoning to justify its first activation against Poland in January 2016, when it has failed to do so against Hungary, are subsequently analyzed. While the Commission should be commended for seeking to address increasing rule of law backsliding at Member State level, our main submission is that reliance on the Rule of Law Framework alone, if only because of its soft and discursive nature, will not remedy a situation where systemic violations of EU values form part of a governmental plan to set up an ‘illiberal’ regime.