28 October 2024
The Missing Chapter
The European Commission’s Annual Rule of Law Report aims to prevent further rule of law backsliding within the EU by examining the rule of law situation in Member States. However, the report is missing an important chapter: the EU itself. On 28 October 2024, the Rule of Law Clinic (CEU Democracy Institute, Budapest), together with experts from across Europe, began bridging this gap by publishing the first report on EU adherence to rule of law standards. Without a meaningful self-assessment of its own compliance with rule of law principles, the EU weakens its credibility, particularly when addressing systemic non-compliance with EU law by Member States. Continue reading >>
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12 October 2023
Judicial Transitology
The rule of law crisis in Poland consists of several elements – undermining the independence of courts, politicization of disciplinary proceedings against judges, and lack of legal certainty. None of them, however, raises so many doubts and concerns as the status of judges appointed or promoted upon the request of the politically captured National Council of Judiciary (NCJ). In this blog post, we analyse the diverse composition of the group of judges appointed or promoted upon the motion of the NCJ from 2018. We also discuss the relevant jurisprudence of national and international courts and the current state of debate concerning this problem and possible solutions. Continue reading >>
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26 August 2021
The EU’s Face in Łukašenka’s Mirror
On the Polish-Belarusian border thirty-two Afghan citizens have been sitting quite literally between the Belarusian border guards on the one side and Polish border guards, army and police on the other for two weeks now. They sit there without access to water, food or medical aid. They sit there claiming their rights under EU and International law. Yet, they are not allowed to ask for asylum or establish any contact with the outside world. The tragic situation of those thirty-two hostages exemplifies both how devastating the consequences of rule-of-law backsliding might be and how closely linked the rule of law breakdown in Poland and the general denigration of EU values in the field of migration are. Continue reading >>
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28 November 2019
Supporting Wojciech Sadurski in a Warsaw Courtroom
Last week one of us, together with Gráinne de Burca, again put the spotlight on PiS and allies suing Wojciech Sadurski over some highly critical tweets. It led to a tremendous show of support. This support makes it a statement of the obvious that Sadurski’s trial is a blemish on the EU and every Member States that both so frequently pledge to take the rule of law seriously. And yet. His (first) trial took place yesterday, Wednesday 27 November, at the Warsaw district court. Here is an account of what we both witnessed, live and through live footage respectively. Continue reading >>26 November 2019
Enforcement of EU Values and the Tyranny of National Identity – Polish Examples and Excuses
Professor A. von Bogdandy in his recent piece published at Verfassungsblog analyzes difficulties regarding enforcement of the EU values. He argues that the application of Treaty provisions relating to EU fundamental values should be cautious in order to avoid controversy or pressure. However, the ‘national identity argument’ is not convincing in the Polish case. It cannot be used by a Member State in an arbitrary or blanket way without being checked and confirmed. Continue reading >>
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19 November 2019
High Expectations
Both sides have declared victory after the CJEU decision on judicial independence in Poland today. Most probably a more general assessment will be provided in the infringement action against Poland submitted by the Commission in October 2019. Continue reading >>05 September 2019