EPRS Admin By / September 28, 2020

The Commission’s rule of law framework

The Commission’s rule of law framework

The Commission's rule of law framework

As outlined in the Commission’s 2014 communication, structured dialogue within the framework consists of three possible stages (see Figure 2 below): a) an assessment stage, in which the Commission collects information and evaluates it in order to determine whether there is a threat to the rule of law in a Member State and, in the case of a positive answer, decides to send a ‘rule of law opinion’ to the Member State concerned and give it the possibility to respond; b) a second stage in which the Commission might address a ‘rule of law recommendation’ with specific indications on how to resolve the situation within a prescribed deadline to the Member State concerned if it has not properly redressed the situation before; and c) a follow-up stage, in which the implementation of the recommendation is monitored by the Commission. This stage may potentially be followed by the activation of Article 7 TEU and/or Article 258 TFEU infringement actions if the Commission considers that the Member State has not properly remedied the situation.

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