02 October 2019
Dealing with a Rogue UK Prime Minister
In the current “Brexit” crisis, the EU should strive to achieve a smooth agreement-based process. This is the only way to ensure that the intricate web binding the UK to the EU is not ripped up without a reliable substitute. Boris Johnson’s priority to withdraw the UK on 31 October "do or die“ is next to impossible to reconcile with that aim. Domestically, it will be difficult to halt Johnson’s no-deal plan. But what about the EU? Indeed, there are several measures the EU could take to deal with a rogue UK Prime Minister and to make a smooth withdrawal more likely. Continue reading >>
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12 November 2018
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 >>17 September 2018
Beyond the Spectacle: The European Parliament’s Article 7 TEU Decision on Hungary
Emotions were high and voices loud while and after the European Parliament adopted its decision to trigger an art. 7 TEU procedure against Hungary this week. Once the dust settles, it might be helpful and disillusioning to look at the possible consequences, the collateral damages and the side-effects of the European Parliament's art. 7 TEU decision. Continue reading >>12 June 2018
Dusting off the Old Precedent – Why the Commission Must Stick to the Art. 7 Procedure Against Poland
Here we go again. The reports are resurfacing that the Commission is ready to back away from the Article 7 procedure that was initiated against Poland last December. Should we be surprised? For anybody who vaguely follows the Commission’s vanishing act, the answer must be a resounding „no”. Instead, the analysis that follows offers a journey back in time and argues that the past teaches us some important lessons and … rhymes. Continue reading >>28 February 2018
Will Finance Policies solve the EU “Refugee Crisis”?
The German government is floating the idea of restructuring EU funds to benefit member states that take in migrants and refugees. What seems like a selfish move by the country that hosts the largest number of refugees in Europe may be an step towards resolving the lingering EU political crises. Continue reading >>02 January 2018
Catalonia in deadlock, and why that is a European problem
The Catalan territorial conflict is stuck. No clear solutions are on the table after the elections of December 21st. Catalans and Spaniards are failing so far to find solutions to the problem. But it is our European common problem and our common responsibility to try to help them. More specifically, EU institutions should be doing much more of what they have done so far. I blame them for their passivity in the last couple of months. Continue reading >>23 December 2017
The European Commission’s Activation of Article 7: Better Late than Never?
On Wednesday, the European Commission reacted to the continuing deterioration of the rule of law situation in Poland. The remaining question, of course, is why this argument has been used in the context of 7(1) as opposed of 7(2) given that the situation on the ground in Poland is clearly – in the view of the Commission, the Venice Commission and countless other actors – one of clear and persistent breach of values, as opposed to a threat thereof. The explanation might lie beyond the simple difficulty of the procedural requirements related to the sanctioning stage. Continue reading >>
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24 July 2017
Art. 7 EUV im Quadrat? Zur Möglichkeit von Rechtsstaats-Verfahren gegen mehrere Mitgliedsstaaten
Ungarns Veto blockiert einen Beschluss nach Art. EUV, Polen das Stimmrecht im Rat zu entziehen, und umgekehrt. Lässt sich das Veto umgehen, indem ein Verfahren gegen beide Mitgliedsstaaten gleichzeitig eingeleitet wird? Continue reading >>06 January 2017
Poland and the European Commission, Part II: Hearing the Siren Song of the Rule of Law
As Poland has careened away from the rule of law, the European Commission has struggled to work out its response. Given Europe’s multiple crises at the moment, the internal affairs of a rogue government or two may seem less critical to Europe’s well being than crises that affect multiple states at the same time, like the refugee crisis, the Euro-crisis or the fallout from Brexit. But the proliferation of governments inside the EU that no longer share basic European values undermines the reason for existence of the EU in the first place. Continue reading >>
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03 January 2017