Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Hungary, Poland, And Access To Eu Funding: The Eu Charts A New Course Under The Necessity Of Legislation, Conditionality, And The Rule Of Law., Blake S. Rutherford
Hungary, Poland, And Access To Eu Funding: The Eu Charts A New Course Under The Necessity Of Legislation, Conditionality, And The Rule Of Law., Blake S. Rutherford
University of Miami International and Comparative Law Review
In recent years, there has been considerable backsliding in Hungary and Poland regarding the rule of law, media plurality, judicial independence, and emergency powers. In response, the European Union (“EU”) exercised its authority under Article 7 of the Treaty of the Functioning of the European Union to withhold COVID-19 relief funds in an effort to compel these nations to realign with EU principles. This article examines the history, consequence, and legal effect of the landmark decision, Hungary v. Parliament and Council. It argues that the EU was on sound legal footing to utilize money as a means to protect …