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In its report of 25 October 2016, the European Parliament invited the European Commission to establish a new EU mechanism on the rule of law, fundamental rights and democracy, which the Commission has declined to take up. This paper argues that this decision constitutes the final act of what it calls a “rule of law” play, in which he European Commission is shirking its responsibilities and rendering itself irrelevant in upholding and safeguarding the rule of law in the EU.

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.