Enforcement of EU Values and the Tyranny of National Identity – Polish Examples and Excuses

Professor A. von Bogdandy in his recent piece published at Verfassungsblog analyzes difficulties regarding enforcement of the EU values. He argues that the application of Treaty provisions relating to EU fundamental values should be cautious in order to avoid controversy or pressure. However, the ‘national identity argument’ is not convincing in the Polish case. It cannot be used by a Member State in an arbitrary or blanket way without being checked and confirmed.

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The Perils of Passivity in the Rule of Law Crisis: A Response to von Bogdandy

In a recent contribution to Verfassungsblog, Professor Armin von Bogdandy observes, “European constitutionalism is perhaps facing a ‘constitutional moment’. But rather than calling on the EU to stand up to increasingly authoritarian member governments, von Bogdandy concludes that, “Powerful arguments suggest caution.” His admonitions offer a lesson into how scholars can inadvertently propagate what political economist Albert Hirschman described in his 1991 book as The Rhetoric of Reaction.

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The Tyranny of Values or the Tyranny of One-Party States?

In his contribution ‘Fundamentals on Defending European Values,’ Armin von Bogdandy counsels caution. His arguments are wise in normal times. But we no longer live in normal times. The current governments of at least two EU Member States, Hungary and Poland, are engaged in normative freelancing with the explicit aim of making future democratic rotation impossible. The rogue governments we see today are undermining the values of the European Union when the EU is more popular in these Member States than their own governments are.

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The Rule of Law Crisis as the Watershed Moment for the European Constitutionalism

Is a soft law instrument the right object of assessment in a situation where most commentators on the ongoing rule of law crisis summarise previous EU actions with the statement: too late, too long, too mild? This piece offers a look at the July blueprint for action as a political declaration which provides important general statements regarding the concept of the rule of law within the EU legal system in times of democratic backsliding in Member States.

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Old friends, new friends? Prospects for EU’s cooperation with intergovernmental organisations in promotion of the rule of law

In its July 2019 blueprint for action on the rule of law, the European Commission has outlined three main avenues of action on the rule of law in the EU: prevention, response and promotion.

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Fundamentals on Defending European Values

In 2007, the Treaty makers ennobled the former fundamental principles of the Treaty on European Union as European values. Respect for human dignity, freedom, democracy, equality, rule of law and the protection of human rights have henceforth transcended the sphere of ‘merely’ legal matters. Today, however, this step feeds a perception of a deep crisis: when founding values appear weak or controversial, the entire house may crumble.

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The von der Leyen Commission and the Future of the Rule of Law

Ursula von der Leyen’s promotional tour before her election did not turn out well. She failed to point to substantive rule of law issues, rather she traced back the division between Eastern and Western European state to emotional components. This text takes a look beyond the political rhetoric and explores what the new Commission might entail for the rule of law in the EU.

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1095 Days Later: From Bad to Worse Regarding the Rule of Law in Poland (Part I)

On 13 January 2016, exactly three years ago today, the Commission activated the so-called rule of law framework for the very first time with respect to Poland. As things stand today, Polish authorities’ sustained and systematic attacks on the rule of law now more than ever directly threaten the very functioning of the EU legal order.

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Europe’s Rule of Law Dialogues: Process With No End in Sight

The cause for concern is not that violators of the rule of law are strategic political actors or that they are disingenuous. Rather, the real problem is the unspoken premise on the basis of which defenders of the rule of law are more and more inclined to accept these developments as the very features of the EU’s rule of law safeguards. This acceptance is based on the flawed premise that so long as a procedure is in place one cannot really do more to defend the rule of law.

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