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LOYAL COOPERATION OF THE EUROPEAN UNION INSTITUTIONS IN THE IMPLEMENTATION OF ARTICLE 7 OF THE TREATY OF THE EUROPEAN UNION

Authors

  • Stjepan Novak Ministry of the Interior of the Republic of Croatia

Keywords:

article 7. of the TEU; article 13. of the TEU; Union’s institution; mutual sincere cooperation; CJEU case law

Abstract

This paper aims to explore do the EU institutions practice mutual sincere
cooperation concerning the implementation of article 7 of the TEU, improving its
efficiency and the CJEU’s capability to improve the efficiency of the aforementioned
article indirectly, through protection of the principle of sincere cooperation between
institutions. For that purpose, following the introductory part of the paper, an analysis
of approaches the EU institutions took in order to try to improve article 7’s efficiency
and protect values determined in article 2 of the TEU is presented as well as the
cooperation the EU institutions realized in the process. In the third part of the paper
the author analyses the CJEU case law regarding sincere cooperation between
EU institutions and applies conclusions that this case-law provides to exercising
institutional cooperation as determined in article 7 of the TEU. In conclusion, this
paper shows this cooperation does not satisfy the obligation of sincere cooperation
as established in article 13 of the TEU, but that article 7’s efficiency can be indirectly
improved by CJEU by upholding the obligation of sincere cooperation of EU
institutions

Additional Files

Published

2021-02-02

Versions

How to Cite

Novak, S. (2021). LOYAL COOPERATION OF THE EUROPEAN UNION INSTITUTIONS IN THE IMPLEMENTATION OF ARTICLE 7 OF THE TREATY OF THE EUROPEAN UNION. Collected Papers of the Law Faculty of the University of Rijeka, 41(3), 827–846. Retrieved from https://hrcak.srce.hr/ojs/index.php/zpfsr/article/view/14471

Issue

Vol. 41 No. 3 (2020): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2021 Collected Papers of the Law Faculty of the University of Rijeka

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