Page 9 - Position Paper

The Rule of Law – EU Founding Principle

Introduction

The Rule of Law is one of the fundamental values of the

European Union. Article 2 of the Treaty on the EU names the Rule of
Law among EU founding values such as respect for human dignity,
freedom, democracy, equality, etc.
The EU believes that it may not function unless Rule-of-Law

norms are guaranteed. The Union is also convinced that breaches of
such norms pose existential treats to the European Union. Thus, the
protection of the Rule of Law is a priority for the EU within the Union

and beyond.
In recent years, the EU has been expressing its Rule-of-Law
concerns towards various European states, including Georgia. In 2020,
the Union decided to hold back the second tranche of macro-financial

assistance to Georgia on Rule-of-Law grounds. To this end, whether or
not the decision was a “punitive” measure remains as an open question
for some representatives of Georgian society. As we will see below, the
EU takes such decisions entirely in accordance with EU law and

practices.
In order to close the question, let us explore EU reactions to
Rule-of-Law violations within the Union; that is, with regard to its own
member states. Through such an exercise we may explain the EU’s

decisions which it has been taking towards non-EU partner states.

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