18 December 2024
The 2025 Polish Presidency of the Council
Poland’s 2025 Presidency of the Council of the EU arrives at a moment of political turbulence and high stakes, with security as its flagship theme. This short period will see the return of Donald Trump, the volatile German snap parliamentary election, and the buildup to Poland's own presidential election. While Poland’s government promises a fresh, value-driven approach, its own challenges in fully restoring the rule of law and balancing pragmatism with EU ideals may temper its ambitions. Continue reading >>
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11 October 2023
Europe’s Sick Success Child
Poland's rule of law crisis, spurred by the ruling coalition under Jarosław Kaczyński, has caused severe damage to its legal system and democratic foundations. The European Union has responded with infringement proceedings and withholding of funds, leading to some concessions from the Polish government. Yet, Poland's legal community and civil society have shown resilience, challenging these attacks in courts, advocating for democratic values, and maintaining a robust private media. As parliamentary elections loom, the question arises: can this resilience lead to a restoration of the rule of law? Continue reading >>
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23 December 2022
Несподівані ускладнення: вплив російського вторгнення в Україну на кризу верховенства права в ЕС
Якби наприкінці 2021 року мене запитали, які події визначатимуть кризу верховенства права в Європейському Союзі у 2022 році, я б відповів, що вибори в Угорщині стануть найвідповідальнішим моментом у боротьбі за цінності ЄС. 24 лютого 2022 року Володимир Путін зробив застарілими майже всі прогнози щодо європейської політики. Невиправдане, брутальне вторгнення Росії в Україну не лише зруйнувало понад 30-річну парадигму безпеки на континенті, але й мало масштабні наслідки для багатьох аспектів європейського життя, включаючи кризу верховенства права у двох державах-членах ЄС: Угорщині та Польщі. Continue reading >>
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23 December 2022
Unexpected Complications: The impact of the Russian invasion of Ukraine on the rule of law crisis in the EU
If somebody had asked me in late 2021 what events would define the rule of law crisis in the European Union in 2022, I would have said that the elections in Hungary would be the most crucial moment for the struggle for EU values. On 24 February 2022, Vladimir Putin made almost all predictions concerning European politics obsolete. Russia’s unjustified, brutal invasion of Ukraine not only obliterated an over 30-year-old paradigm of security on the continent but also had massive ripple effects on many aspects of European life, including the rule of law crisis in two EU Member States: Hungary and Poland. Continue reading >>
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19 December 2022
Ukraine, the European Union and the Rule of Law
Russia’s unlawful invasion of Ukraine in February 2022 did not only alter the security paradigm in Europe. It also upended the legal landscape of the European Union and Ukraine, leading to the latter becoming a candidate for EU membership and influencing the ongoing rule of law crisis in Hungary and Poland. This debate focuses on various new legal challenges for the EU, its Member States and Ukraine that arose as a consequence of the Russian invasion. In order to present our debate to the most relevant audience, this symposium is published in both English and Ukrainian. Continue reading >>01 June 2022
Just a Feint?
A running joke in the pro-democratic military analyst community is about ridiculing the messages of pro-Russian experts who are pretending that the Russian defeat in the battle of Kyiv was "just a feint". I am afraid that the European Commission just walked into a similar strategic blunder with its deal with the Polish government on the recovery fund and the Supreme Court. Continue reading >>
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24 January 2022
Taking European Judgments Seriously
Today ends the deadline for stakeholder consultations for the 2022 EU rule of law report. The report is a welcome addition to the EU’s rule of law toolbox but it is missing a vital element: the non-implementation of judgments of international courts, including both the Court of Justice of the European Union and the European Court of Human Rights. Continue reading >>12 October 2021
Gazing into the Abyss
On Thursday 7th October 2021 the Polish Constitutional Tribunal issued its decision in the case K 3/21. Politically, this situation is likely a crucial point in the Polish rule of law saga. Legally, it is a decision taken by a not independent court that ignored both domestic provisions and EU law towards arriving at a politically motivated outcome tailored towards the interests of the ruling party. Continue reading >>19 July 2021
Polexit or judicial dialogue?
In the world of EU law, Poland and the rule of law, it was a wild third week of July. A series of events unfolded in Warsaw and Luxembourg, adding to the saga of Polish rule of law travails before courts. All levels of Polish government and bodies controlled by the ruling party have decried CJEU interim orders and judgments, indicating a complete lack of will to comply with EU law and CJEU rulings. Is a "Polexit" looming? Continue reading >>
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24 March 2021
The New Normal? – Emergency Measures in Response to the Second COVID-19 Wave in Poland
This post will cover four core areas of legal concern regarding the Polish response to COVID-19 across the last few months. First of them is the continued issue of legality of the measures used. Second is the issue of transparency and clarity of the measures employed with a particular look at the issue of exiting the emergency. Third is the matter of judicial oversight and the role of Polish courts during the pandemic. Fourth issue pertains to the convergence between the challenges brought about by the pandemic and the continued backsliding of the rule of law and erosion of human rights in Poland. Continue reading >>
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