Living under the unconstitutional capture and hoping for the constitutional recapture

After the unconstitutional capture of the Constitutional Tribunal in Poland, ordinary courts will have to step in to provide constitutional review. Polish judges are faced with the most fundamental challenge since 1989. Are they ready to be constitutional judges in times of constitutional emergency?

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Poland and the European Commission, Part I: A Dialogue of the Deaf?

On 21 December 2016, the European Commission adopted an additional Recommendation regarding the rule of law in Poland. Rather than starting the Article 7 sanctioning process, the Commission merely reiterated its old demands, added some new concerns and again held out the threat of Article 7 while apparently moving no closer to actually starting a sanctioning process. It is not that the Commission was unaware of what was happening in Poland. In December, the Commission stood by and watched the Polish government capture the Constitutional Tribunal. The new Recommendation indicates that the Commission simply chose not to act to head off the final stages of the Tribunal’s demise.

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Italian Constitutional Referendum: Voting for Structural Reform or Constitutional Transformation?

As the distance between political elites and the population in Europe increases, Italian Prime Minister Matteo Renzi’s plans of constitutional reform further impoverish political representation in Italy – both with respect to input and output of the process. That is why the opponents of the reform are gaining ever more traction among Italian voters and could in the end prevail.

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