The EU is determined to demand the rule of law and nothing is going to stop decent countries from sticking to it.
@pawian, you're so naive.
It's not as simple as that. It can be easily be used as a political weapon, for which it was created.
The whole document is full of unprecise and ambiguous terms:
"Member States' laws and practices should continue to comply with the common values
on which the Union is founded"
europarl.europa.eu/meetdocs/2014_2019/plmrep/COMMITTEES/BUDG/DV/2020/11-12/RuleofLaw-Draftconsolidatedtext_rev_EN.pdfAnd what are the 'EU common values' and who determines them?
It is NOT a legal paper but a chaotic political manifesto of some sort.
But hey, they are sending us to paragraph 2 give them a chance to shed some light on it:
"accountable and democratic process for enacting law, legal certainty3, prohibition of arbitrariness of the executive powers4, separation of powers5"
It's all well and fine. But then I remembered that the German judiciary system is highly political
(did I mention already that good memory and logical thinking are the worst enemies of liberal democracy?):
"Lay judges (Schöffen) are effectively short-term, politically appointed, non-professional judges (...) Given the high threshold for inclusion on the municipal council lists, in practice these lists are first compiled by municipal bureaucracies and the political parties in Germany"
"Selection of lay judges has been described as a "highly political and discriminatory process." It has been argued that personal acquaintance, political affiliation and occupation have all historically played an important, if publicly unacknowledged, role in the selection procedure"
It also needs to be noted that the "impartial" European Council which will be deciding about "the rule of law" is run by politicians, not by judges