Uniformity and Differentiation in the Fundamentals of EU Membership: The EU Rule of Law Acquis in the Pre- and Post-accession Contexts

Abstract

The paper discusses the nexus between the EU pre-accession condi- tionality and membership obligations to guarantee respect for the rule of law as a founding value of the EU, common to the Member States. It does so through the prism of the notions of legal uniformity and diffe- rentiation. The paper examines how the EU’s rule of law promotion in the accession process converges with and potentially inspires the pro- gressive EU articulation of standards applicable to the Member States. By focusing on the judicial dimension of the rule of law, it is argued that while a certain diversity is conceivable in the manner in which the rule of law is observed, and more specifically in how judicial independence is achieved at the national level, there is a functional rationale for the EU to circumscribe the heterogeneity of national judicial systems – and accor- dingly, for elaborating common rule of law standards in the EU.