@article{2018:jacobs:instruktiv,
title = {Instruktive Analyse der Verfassungskrise Polens und Ungarns},
year = {2018},
note = {This article is based on the conference "The Crises of the Rule of
Law" which was held at the European Legal Studies Institute of
Osnabrück University on the 5th and 6th of February 2018. The
conference was organized by Aneta Wiewiórowska-Domagalska, President
of the Internationale Juristenvereinigung Osnabrück. According to
Article 2 of the Treaty on European Union the Union is founded on the
values of respect for human dignity, freedom, democracy, equality, the
rule of law and respect for human rights. Due to political and
constitutional developments in different member states of the European
Union one of these fundamental values - the rule of law - has become
the centre of a huge discussion all over Europe. A risk of serious
violation of the rule of law is feared especially in Poland and
Hungary. After almost two years of trying to start a constructive
dialogue with Poland in the context of the Rule of Law Framework, the
European Commission has concluded that there is a clear risk of a
serious breach of the rule of law in Poland. The Commission therefore
proposed on the 20th December of 2017 for the very first time in the
history of the European Union to the Council to adopt a decision under
Article 7(1) of the Treaty on European Union. These events have been
the occasion for holding the conference about "The Crises of the Rule
of Law“ with the aim of examining the reasons of these crises and
considering possibilities of solving it and saving the rule of Law in
the European Union. In this article the meaning and functioning of the
rule of law will be explained before giving an introduction to both
the situation in Poland and Hungary. After that the symptoms and
reasons of the crises of the rule of law as well as possibilities of
solving the crises and saving the rule of law will be discussed. The
results of the conference will be included within this discussion.},
journal = {OER Osteuropa Recht},
pages = {213--234},
author = {Jacobs, Felix and Wiemker, Mareike},
volume = {64},
number = {2}
}