17 October 2022
Three misconceptions about the EU rule of law crisis
There are three major academic and political misconceptions concerning the EU rule of law crisis. The first mistake is already in the denomination, as the name ‘rule of law crisis’ is actually misleading, the second is to believe that ‘the EU does not have the necessary legal tools’, and the third is to conceive it as a ‘crisis only in the Member States affected’. These misconceptions make the crisis look narrower and less threatening than what it actually is, while also offering excuses for inaction. Continue reading >>
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18 July 2022
Holidays with smog
The Polish energy policy is seeing further controversies. The Minister of Climate and the Environment, Anna Moskwa, allowed poor quality coal to be sold for 60 days. This means that, up to 28 August, households are able to buy bituminous coal with a higher content of sulphur and mercury, as well as harmful mining waste, e.g. mining sludge. This decision is already causing considerable controversy not only among climate activists, but also among voivodship (local) authorities that are implementing so-called anti-smog resolutions. Continue reading >>
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12 July 2022
Hungary, Poland and the “Community of Fate”
In February 2022, the ECJ delivered a ruling in cases brought by Hungary and Poland against the European Parliament and Council. Not only did the ruling uphold the regime of conditionality for the protection of the EU budget; it also entered into the domain of European constitutional identity. Instead of undermining the European commitment to the rule of law, Poland and Hungary may have inadvertently consolidated the place of rule of law in the heart of EU identity. Continue reading >>
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21 June 2022
Covering Up and Rewarding the Destruction of the Rule of Law One Milestone at a Time
Once upon a time, when still a candidate for President of the European Commission, Ursula von der Leyen solemnly declared: “there can be no compromise when it comes to respecting the Rule of Law. There never will be.” As it is now clear, this was just Orwellian doublespeak. Continue reading >>02 June 2022
Die Kapitulation
Im Ringen um die Einhaltung eingegangener Verpflichtungen und im Kampf für den Primat des Rechts vor der Macht ist die Entscheidung der Europäischen Kommission vom 1. Juni 2022 eine Niederlage. Dass hier etwas Problematisches passiert ist, indiziert der ungewöhnliche Vorgang, dass fünf Kommissare – und nicht die Unwichtigsten – sich im Kollegium gegen den Beschlussentwurf ausgesprochen haben. Continue reading >>22 February 2022
Not looking up
It now seems that after the ruling is before the ruling. The Commission is intent on continuing with its wait-and-see approach, a situation which Hungarian MEP Katalin Cseh compared to the Netflix movie “Don’t look up”, in which the President of the United States decides to ignore the huge comet approaching the earth. While in the movie the comet finally destroys the planet, the European Parliament, however, is determined not to let it come to that. It has made clear that it will not tolerate this policy of looking the other way and has taken up arms. Continue reading >>
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21 February 2022
Quantifying ‘Better Regulation’
The EU Commission is expected to publish later this month its long-awaited proposal on Sustainable Corporate Governance, an initiative to ‘better align the interests of companies, their shareholders, managers, stakeholders and society’. Almost a year of delay and possibly some toning down of the legislative ambition can be attributed, in large part, to the double negative opinion issued by the EU Regulatory Scrutiny Board’s (RSB) on the Impact Assessment. In doing so, the RSB – a body whose absence from public debate seems largely disproportionate to its actual powers – has shown its teeth and incidentally revealed some of the shortcomings of its own mandate. Continue reading >>
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25 January 2022
Time to Rewrite the EU Directive on Combating Terrorism
The adoption of EU Directive 2017/541 on combating terrorism in March 2017 has profoundly changed the landscape of European counter-terrorism law. The primary aim of this Directive was to further harmonise the legal framework under which terrorist offences are prosecuted across EU Member States by establishing minimum rules and standards. However, the adverse consequences for the rule of law and human rights have been overlooked from the very outset by the EU institutions. Now, five years after its adoption, it is time for a thorough revision. Continue reading >>
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24 January 2022
Pushbacks? Never mind, we’re doing it
"Pushback" has been elected Germany’s non-word of the year 2021. The word is rather innocent, the act is the problem. The EU Commission has now submitted a proposal for an amendment of the Schengen Borders Code that allows for irregular arrivals to be returned without effective legal protection. Continue reading >>
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06 December 2021