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Table of Contents: I. Introduction – II. The road to rule of law conditionality – III. How the rule of law conditionality regulation became an instrument of budget conditionality – III.1. The conditionality mechanism in Regulation 2020/2092 – III.2. Article 322(1) TFEU as the correct legal basis – III.3. Sufficiently direct link – III.4. Alleged infringement of art. 7...

Table of Contents: I. Introduction. – II. Autocratic legalism: a threat to the ECJ’s authority. – II.1. Autocratic counter-interpretations of Union law. – II.2. An autocratic contestation of the ECJ’s authority. – III. A constitutional response to a crisis of values. – III.1. A dynamic response to the formalism of autocratic legalism. – III.2. A...

Table of Contents: I. Situating the topic. – II. Dealing with rule transgressions. – II.1. Instrumentalist and normative approaches. – II.2. The potential of peer reviews. – III. What is wrong with the current approaches? – III.1. The Article 7 procedure and the rule of law framework. – III.2. The budget conditionality mechanism. – III.3. The...

Table of Contents: I. Introduction. – II. Protecting EU values through ESI funds: The new fundamental rights “enabling conditions”. – III. Decentralising the “politics of values”: The potential of the Justice, Rights and Values Fund. – IV. The Recovery and Resilience Facility: Shaping Europe’s recovery in line with EU values. – V. Conclusions....