RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
Constitutional Law and Political Science
Rule of Law Lab | RoLab
Tiago Antunes
Rui Tavares Lanceiro, Marco Caldeira, Mariana Melo Egídio, Gonçalo Fabião, Afonso Brás, Miguel Mota Delgado, Carolina Batista
Ana Maria Guerra Martins
Maria Luísa Duarte
Maria José Rangel Mesquita
Jorge Reis Novais
Ongoing
Summary
The research project focuses on the protection of the Rule of Law in the European Union, undertaking a critical analysis of the existing instruments — such as Article 7 TEU, the Commission’s annual report, the conditionality mechanism, and the case law of the CJEU and ECtHR — with a view to their improvement.
In a context of progressive erosion of the Rule of Law, the project aims to prevent democratic backsliding (rule of law backsliding) and to promote the integration of candidate countries into a Union founded on fundamental principles and values.
Employing a methodology that combines theoretical analysis, comparative study, and empirical observation, the project seeks to contribute to a more robust, coherent, and democratic European legal culture. It aims to propose a new generation of instruments that safeguard the values of the Union, the quality of democracy, and respect for fundamental rights.
The activity plan includes applied research, scientific events, publications, and engagement with European institutions, promoting scientific impact and practical relevance.
Objectives
The project aims to critically assess the instruments for safeguarding the Rule of Law at EU level.
It seeks to identify weaknesses in the mechanisms currently available, both political and judicial in nature, and to propose concrete solutions for their improvement and greater effectiveness. The research will focus in particular on the risk of democratic backsliding and on safeguarding the Rule of Law in the context of EU enlargement.
The aim is thus to contribute to the normative and institutional cohesion of the Union and to the consolidation of a legal culture of genuine respect for the fundamental values enshrined in the Treaties.
Particular attention will be paid to the assessment of the sanctioning mechanism provided for in Article 7 TEU, the judicial remedies available for the defence of the Rule of Law, the link between financial conditionality and the protection of fundamental values, as well as to a comprehensive analysis of the robustness and completeness of the European framework for democratic governance.
Relevance
This proposal forms part of a line of research of high scientific and social relevance, focused on the critical analysis of the European Union’s mechanisms for the promotion and safeguarding of the Rule of Law.
In a context marked by growing challenges to the integrity of democratic values in some Member States and a renewed momentum for the Union’s enlargement, it is essential to reflect on the effectiveness and limitations of the instruments currently available to ensure respect for the fundamental principles enshrined in the Treaties.
This project aims to make a significant contribution to that debate by identifying structural weaknesses, proposing innovative solutions, and promoting greater normative and institutional coherence within the EU. By integrating a comparative and interdisciplinary perspective, and by combining the study of enlargement with the imperative of democratic consolidation, the research is especially relevant for the development of European Union law and for the construction of a legal culture committed to the protection of fundamental rights.
