| Abstract [eng] |
The master thesis analyses Article 7 of the Treaty on European Union, Articles 258, 259 and 260 of the Treaty on the Functioning of the European Union, Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council 16 December 2020 on a general regime of conditionality for the protection of the Union budget and the Communication from the Commission to the European Parliament and the Council A new EU Framework to strengthen the Rule of Law to assess the potential and challenges of all these instruments. The analysis is performed by examining the legislation, the case law of the Court of Justice of the European Union and special literature. The use of appropriate legal instruments to uphold the rule of law would allow the European Union institutions and the Member States to act more appropriately, faster and more effectively to go for this goal. The master's thesis focuses on the analysis of the evaluation of legal instruments by legal scholars. The topic of the master thesis clearly identifies the aim of the master thesis to assess the potential and problems of legal instruments, thus the aim is to present a conclusion on the most appropriate and most potential having legal instrument. The master thesis also discusses cases where Poland and Hungary are not fulfilling their obligations to respect and uphold the values set out in Article 2 of the Treaty on European Union and the Charter of Fundamental Rights of the European Union. A thorough analysis of the assessment of legal scholars reveals the most appropriate legal instrument to defend the Rule of Law. |
