The Asseriveness of the European Commission in the Enforcement of Fundamental Values : the impact of the Russia-Ukraine War Andreína V. Hernández Ross [Recurso electrónico]

Bibliografía: p. 58-79

The outlook facing the European Union (EU) today is disquieting –even ominous. Europe is not only facing a “state of generalised noncompliance” (Batory, 2016: 685-699) where separate instances of noncompliance –arising in many areas of EU rules and policies– have concurred, resulting in its increased frequency and visibility. Moreover, several national governments have made far-reaching changes to their countries’ political systems. Jan-Werner Müller has defined this anomaly as ‘constitutional capture’,1 a phenomenon by which a government systematically dismantles checks and balances, limits the independence of the judiciary, destroys press freedom, attacks civil society, increases executive power and, essentially, undermines the rule of law (RoL) –all through legal means (Palombella, 2016: 49).