Mechanisms and instruments regarding the monitoring of compliance with the rule of law and european values in the European Union

Article 2 of the Treaty on European Union (TEU) lays down the founding values of the European Union. EU primary law provides for various mechanisms that can and have been used to monitor, prevent breaches of, or enforce EU values within the Member States, namely, the two procedures provided for under Article 7 TEU (preventive and sanctions), infringement procedures (Articles 258-259 of the Treaty on the Functioning of the European Union − TFEU) and preliminary references (Article 267 TFEU). Since 2012 the EU institutions have established a wide range of other mechanisms to monitor and prevent breaches of EU values in Member States. The disjointed nature of the Union’s toolbox in that field shows that there is no political will among EU institutions to strengthen and streamline existing mechanisms and develop an effective mechanism to ensure that the principles and values enshrined in the Treaties are upheld throughout the Union.