POSTS BY Piotr Bogdanowicz

Why the EU Commission and the Polish Supreme Court Should not Withdraw their Cases from Luxembourg

The forced retirement of Polish Supreme Court judges has been reversed by the Polish legislator. Should the EU Commission and the Court of Justice now end their infringement procedure against Poland, too? There are several reasons why they should not.

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Drawing Red Lines and Giving (Some) Bite – the CJEU’s Deficiencies Judgment on the European Rule of Law

The illiberal turn in Europe has many facets. Of particular concern are Member States in which ruling majorities uproot the independence of the judiciary. For reasons well described in the Verfassungsblog, the current focus is on Poland. Since the Polish development is emblematic for a broader trend, more is at stake than the rule of law in that Member State alone (as if that were not enough). If the Polish emblematic development is not resisted, illiberal democracies might start co-defining the European constitutional order, in particular, its rule of law-value in Article 2 TEU. Accordingly, the conventional liberal self-understanding of  Europe could easily erode, with tremendous implications.

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