POSTS BY Laurent Pech

1095 Days Later: From Bad to Worse Regarding the Rule of Law in Poland (Part I)

On 13 January 2016, exactly three years ago today, the Commission activated the so-called rule of law framework for the very first time with respect to Poland. As things stand today, Polish authorities’ sustained and systematic attacks on the rule of law now more than ever directly threaten the very functioning of the EU legal order.

Continue Reading →

Never Missing an Opportunity to Miss an Opportunity: The Council Legal Service Opinion on the Commission’s EU budget-related rule of law mechanism

Regrettably, we need to add the Council’s Legal Service to the list of key EU actors that seem intent on ignoring the existential threat to the Union posed by the spreading rule of law rot amongst EU member governments. In a (non-public) opinion on the proposed regulation of the Commission to create rule of law conditionality in the multi-annual financial framework adopted on 25 October 2018, the CLS indeed put forward multiple unpersuasive legal arguments to claim that the Commission’s proposal cannot be adopted. With this opinion, the CLS is advising the Council to actually prevent other institutions of the EU from doing their job to uphold and defend the set of common values on which the EU is based.

Continue Reading →

Open Letter

We, the undersigned, have learnt that Chief Justice of the Supreme Court of Poland Professor Małgorzata Gersdorf has had her constitutionally guaranteed term of office of six years prematurely terminated by a new statute on the Supreme Court rushed through the Polish Parliament and signed by President Andrzej Duda on 26 July 2018. We also […]

Continue Reading →