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Nr 1(9) (2022): Alcumena. Pismo Interdyscyplinarne – Alcumena. Interdisciplinary Journal

Mechanizm warunkowości jako nowe narzędzie do obrony prawa Unii Europejskiej

  • Krzysztof Wojewoda
maja 29, 2022


The European Union, as a community of values that are its foundations, is faced with a crisis from time to time in which these values are superseded or distorted by some Member States. The European Union was and continues to be based, frst and foremost, on voluntary accession to this project and on the absence of any compulsion to remain in it, therefore no strong and prompt measures were developed to counteract breaches of the Union’s values. Over time, when some Member Countries decided not to respect the EU’s values, while remaining in it, the political will of other countries was established to develop new, more effective measures to counteract such behavior. The purpose of this article is to briefly describe the „classic” tools to defend EU values, for example the procedures from Art. 258-260 TFEU and the procedures from Art. 7 TEU, and then describe the new mechanism - the so-called the conditionality mechanism, which focuses on fnancial sanctions, which may be particularly severe in the period of economic recovery after the COVID-19 pandemic, and the nature and purpose of which is the subject of extensive discussion.