When it comes to safeguarding the rule of law, Steven Barrett, Commercial Chancery Barrister at Radcliffe Chambers, has outlined four areas of concern for the bloc.
Article 2 of the Treaty on European Union establishes the rule of law as a need for all member states in order to safeguard the bloc’s core.
Mr Barrett, on the other hand, hinted that the EU’s cornerstone is in jeopardy in a series of tweets.
“The EU Rule of Law Crisis currently has four parts,” he stated. “The Polish problem (national courts ignore ECJ).”
“The German problem (national courts ignore ECJ).
“The French (government usurps EU role in EU/UK Treaty).
“ECJ problem (the court is not independent and not a court). All four = the Crisis.”
Poland’s people and government have no desire to leave the EU27, owing to the country’s reliance on EU subsidies under the bloc’s coronavirus rescue package.
Poland would also be unable to deviate totally from EU laws, since member states agreed to the Lisbon Treaty, which handed the European Parliament significant legislative powers.
After its constitutional court concluded that the European Central Bank had overstepped its mandate with bond purchases last year, Germany took the rare step of challenging EU authority.
The European Court of Justice had already authorised the funding system, and the European Commission began legal proceedings in June 2021, claiming that the German Court had created a “serious precedent.”
Meanwhile, when it comes to the post-Brexit fishing dispute with the UK, France has showed a contempt for EU laws.
The UK and France are still at odds over fishing licences for EU boats in British seas.
Officials in Paris have threatened to close UK ports and apply export restrictions, despite the fact that they would need the support of the other 26 EU member states to do so.
“The Rule of Law Crisis is an Existential Threat to the EU,” Mr Barrett said in another tweet.
“People obsessed with the politics (and hating the UK) are missing this. If France can act alone now, any of the other 26 can and in any treaty.
“Without the Rule of Law the EU does not exist. France = as bad as Poland.”