Search
Generic filters

Supported by:

ABOUT THE AUTHOR

Luke Dimitrios Spieker

Luke Dimitrios Spieker is a Postdoctoral Researcher at DFG Research Training Group: DynamInt at Humboldt University of Berlin, a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and Associate Editor at Verfassungsblog.
POSTS BY Luke Dimitrios Spieker
26 March 2020

The Court gives with one hand and takes away with the other

On March 26, the CJEU released a surprising – if not to say disappointing – judgment on the Polish system of disciplinary measures against judges. While the Court confirmed the ample material scope of Article 19(1)(2) TEU, it simultaneously restricted the procedural possibilities to remedy infringements via the preliminary reference procedure. Continue reading >>
1
30 May 2019

Commission v. Poland – A Stepping Stone Towards a Strong “Union of Values”?

Commission v. Poland gives the Court not only the opportunity to put ASJP into practice but also to clarify the doctrinal framework for finally addressing the developments in “backsliding” Member States under EU law. This contribution will shed some light on these two uncertainties, suggest ways of how the Court could resolve them and explore the potential repercussions for the EU legal order. Continue reading >>
0
06 March 2019
,

Countering the Judicial Silencing of Critics: Novel Ways to Enforce European Values

The Polish government is stepping up its repression. The freedom of political speech is a main target. A national judge has not just the right but an outright duty to refer a case to the CJEU whenever the common value basis is in danger. Thus, a Polish judge faced with a case concerning the silencing of critics, must refer the matter to the CJEU and request an interpretation of Article 2 TEU in light of the rights at stake. Continue reading >>
1

Verfassungsblog is a global forum of scholarly debate at the interface of academy and society. We open up debates in public law – internationally, interdisciplinary and open access.

Go to Top