Demokratische Legitimität, die EU-Rechtsstaatlichkeitskrise und Vorüberlegungen zu einer transnationalen Gewaltengliederung

Abstract

: The EU rule of law procedure foresees considerable consequences for a se-rious and persistent breach of the rule of law by EU Member States. This provokes the question as to what a legitimate intervention in the very core of Member State legal orders, their separation of powers, could look like. This article proposes the concept of transnationally separated powers (Gewaltengliederung in the language of Christoph Möllers ) as being suitable for such a purpose and therefore sets out to engage in preliminary considerations. The aim is to sketch the basis for establishing criteria in terms of reconstructed transnationally separated powers. However, before such criteria can be elaborated we have to consider the challenges of such an ambitious project. Finally, this article provides some concluding observations on what the core of such a transnational separation of powers might look like.