Rule of law with leverage: Policing structural obligations in EU law with the infringement procedure, fines, and set-off

Does the EU have enough leverage to police rule of law in Member States? This article first outlines how infringement procedure is functionally adequate address breaches law. It argues that entails “structural obligations” for States uphold within their legal systems. To extent respecting such structural obligations indispensable observing specific rules, breach can be target proceedings. The then analyses EU’s guarantee authority case States’ non-compliance with fines imposed procedure. concludes recovery by set-off against money enables effective policing if respect deficient, and constitutes, therefore, an essential constitutional order.