18 December 2019
Brexit and the CJEU: why the Opinion of the Court Should be Sought as a Matter of Emergency
With the comfortable majority he managed to secure in the Commons, Boris Johnson is now very likely to be able to push through the British Parliament the withdrawal agreement he negotiated with the European Union back in October. Provided that the European Parliament greenlights it quickly enough, it may well come into force by 31 January 2020, deadline of the last extension decision agreed between the EU-27 and the UK. However, one actor of the process seems to have been forgotten: the Court of Justice of the European Union. This could end up being a huge mistake. Continue reading >>
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11 December 2019
Open Letter to the President of the European Commission
Ever since the European Commission initiated a third infringement procedure in respect to the recurrent attacks on the rule of law by Polish authorities last April, the situation has continued to seriously deteriorate. It is now upon the Commission to promptly submit to the European Court of Justice an application for interim measures in the infringement case C-791/19 Commission v Poland now pending before the Court of Justice. Continue reading >>21 August 2019
In Rights We Trust
Cases concerning the execution of the European Arrest Warrant (EAW) provide seemingly endless material for new questions of fundamental importance to the relationship of the multiple constitutional layers in Europe. In a barely noted judgment in the case of Romeo Castaño v. Belgium, the European Court of Human Rights has now added an important piece to this puzzle. The judgment indicates that, in the light of other recent jurisprudence of both the Court of Justice of the EU and the ECtHR, both Courts are on their way to find a workable framework to address some of the issues in this field. Continue reading >>28 July 2019
A Hungarian Judge Seeks Protection from the CJEU – Part I
For the first time, a Hungarian judge stayed proceedings to ask the CJEU preliminary questions about the independence of Hungarian courts. The questions concern the appointment of court presidents and the low salary of judges. The response of Hungarian authorities was quick: Within a week, the Prosecutor General requested the Kúria (Hungary’s Supreme Court) to review the reference with the possible effect of deterring other judges from asking similar questions. Continue reading >>06 July 2019
Is Bauer the new Bosman? – The implications of the recent jurisprudence of the Court of Justice of the European Union for FIFA
In its Bauer ruling the CJEU confirmed that the fundamental rights enshrined in the Charter might under certain circumstances become horizontally applicable. This post argues that this development of judgments has implications also for sport federations such as FIFA. Continue reading >>
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03 June 2019
The puissance of infringement procedures in tackling rule of law backsliding
In this blog post Petra Bárd and Anna Śledzińska-Simon propose the CJEU to introduce “rule of law infringement procedures”, having both a fast-track and a freezing component, as part of a wider “EU rule of law toolbox”. Continue reading >>
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31 May 2019
Living on the edge – how the Poles hang in there whilst the Court deliberates
This piece offers a brief overview of such anticipated implications of the judgement, firstly, from the perspective of the European Union and its rule of law, and, on the other hand, from the perspective of Poland. Continue reading >>
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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 >>
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29 May 2019
The legal vs. political route to rule of law enforcement
The outcome of C-619/18 Commission v Poland will affect the current rule of law discourse on three grounds: First, it might exert pressure on the Council to finally act in respect of the Art. 7(1) TEU procedure against Poland. Secondly, the prospect of pecuniary sanctions in light of an Art. 260 TFEU procedure would create an incentive for Poland to (partially) redress the situation. And lastly, the effective functioning of the preliminary ruling procedure could be endangered. Continue reading >>
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29 May 2019
The first judgment of the ECJ regarding a breach of the rule of law in Poland?
While the judgment in C-619/18 Commission v. Poland is unlikely to deliver a surprise as to the assessment of the Polish ‘reforms’, interesting issues are emerging in relation to the effects of the judgment for the Polish authorities. This piece starts from a brief discussion why the case seems lost for Poland, proceeding then to analysis whether and how the judgment should be implemented. Continue reading >>
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