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When it comes to the rule of law, the independence of the judiciary and the appointment of judges, the spotlight is on Poland and Hungary. These two Member States are the subject of procedures under Article 7 of the TEU, partly because their systems for appointing judges would not meet the European standards defended by the Commission, even though the organisation of justice is a national competence. The Commission invokes respect for the values of the Union cited in Article 2 of the TEU, Article 47 of the Charter of Fundamental Rights and the standards set by a consultative body of the Council of Europe, the Venice Commission, to urge the Member States to reform their systems for appointing judges and reduce the role played by the legislative and executive powers. The Commission's policy of standardisation poses a problem of legal basis, given that a number of Member States do not comply with the relevant standards but are not exposed to the same scrutiny as Poland and Hungary.

The French version of the study is available here

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