Rule of Law Enforcement and National Constitutional Autonomy: Tensions in European Union Law

Abstract

The European Union has established rule of law as a foundational value and developed institutional mechanisms to ensure its protection across all Member States. Simultaneously, the founding Treaties guarantee respect for the national constitutional identity and autonomy of Member States. This paper examines the relationship between these two commitments by analyzing how the CJEU and European Commission have expanded the application of rule of law from a procedural principle to a substantive standard that intersects with Member State authority. By analyzing the institutional mechanisms through which rule of law is enforced and their interaction with national constitutional frameworks, the paper assesses different perspectives on the legitimacy of supranational judicial authority and explores the implications for democratic governance in contemporary European integration.