No 2017/08, March 2017 Petra Bárd is Associate Professor, Eötvös Loránd University and Visiting Professor, Central European University (CEU). Sergio Carrera is Senior Research Fellow and Head of Justice and Home Affairs Programme at CEPS; Visiting Professor at the Paris School of International Affairs (PSIA) at Sciences Po; Associate Professor/Senior Research Fellow at the Faculty of Law in Maastricht University; and Honorary Industry Professor/Senior Research Fellow at the School of Law in Queen Mary University of London. CEPS Policy Insights offer analyses of a wide range of key policy questions facing Europe. As an institution, CEPS takes no position on questions of European policy. Unless otherwise indicated, the views expressed are attributable only to the author in a personal capacity and not to any institution with which he is associated. 978-94-6138-587-1 Available for free downloading from the CEPS website (www.ceps.eu) © CEPS 2017 CEPS ▪ Place du CoŶgrès ϭ ▪ B-ϭϬϬϬ Brussels ▪ Tel: ;ϯϮ.ϮͿ ϮϮ9.ϯ9.ϭϭ ▪ www.ceps.eu The Commission’s DecisioŶ oŶ Less EU’ in Safeguarding the Rule of Law: A play in four acts Petra Bárd and Sergio Carrera he European Commission has just rendered itself irrelevant in upholding and safeguarding the rule of law in the EU by declining 1 the invitation extended last October by the European Parliament in its report 2 to establish a new EU mechanism on rule of law, fundamental rights and democracy. This paper argues that this decision constitutes the final act of what can be called a rule of law play, which has been performed mainly by the Commission and is composed of three main and a final 4 th act. But let us first rewind to the beginning of the story to review first principles. The European Union and its Area of Freedom, Security and Justice (AFSJ) are founded on a set of common values and legal principles of democracy, rule of law and fundamental rights. These are formally enshrined in Article 2 of the Treaty on the European Union (TEU), which makes it clear that the EU is a Wertegemeinschaft, a community based on democratic rule of law and fundamental rights. The CoŵŵissioŶ’s respoŶsiďilitLJ for upholdiŶg the Treaties edžteŶds to the fouŶdatioŶal ǀalues that are the hallmark of the EU, as we know it. The only hard law’ with a solid Treaty-basis that can be invoked to enforce these values is Article 7 TEU, which consists of a preventive arm (determining a clear risk of a breach) and a corrective dimension (determining a serious and persistent breach). 1 See the CoŵŵissioŶ’s response to the text adopted in plenary, SP(2017)16, 17 February 2017. 2 European Parliament resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)). T