17 January 2019
1095 Days Later: From Bad to Worse Regarding the Rule of Law in Poland (Part II)
Part II of our stock-taking of the EU rule of law proceedings against Poland: what the Luxembourg Court, the Council and member states can do to prevent further decay of the rule of law. Continue reading >>
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13 January 2019
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. Continue reading >>22 November 2018
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. 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 >>02 July 2018
The AG Opinion in the Celmer Case: Why Lack of Judicial Independence Should Have Been Framed as a Rule of Law Issue
On 28 June 2018, Advocate General Evgeni Tanchev delivered his Opinion in the Case C‑216/18 PPU Minister for Justice and Equality v LM on the surrender of a crime suspect to Poland. The issue is whether Mr. Artur Celmer, referred to by the Opinion as LM, should be surrendered from Ireland to Poland when there are serious doubts as to whether he would receive a fair trial, due to the alleged lack of independence of the judiciary resulting from recent changes to the Polish judicial system. Continue reading >>03 January 2018
The Commission takes a step back in the fight for the Rule of Law
The European Commission has filed a complaint against Poland with the Court of Justice of the European Union based on Article 258 TFEU, in connection with the Polish Act on the Common Courts System. Fines may be charged on Poland as a result of the case, but the Commission has probably quietly withdrawn some of its charges, apparently opting for the somewhat modified “Hungarian scenario”. The impact of this new approach on the reversibility of the changes introduced to the Polish judiciary will be very limited. 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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28 September 2017
Understanding the Politics of Resentment
Transitioning from „resentment” as an emotion of rejection and critique of the unsatisfactory liberal status quo to the more formalised and institutionalised „politics of resentment” is crucial in our understanding of the ascent of illiberal narratives in Europe. It gives us a chance of harnessing resentment in more conceptual terms and schemes. Continue reading >>26 September 2017
Mind the Gap! Schwierigkeiten der Rechtsstaatlichkeit in der EU
Seit Ende des Kalten Krieges haben sich sowohl internationale Organisationen als auch nationale Regierungen den Grundsätzen der Rechtsstaatlichkeit verschrieben - allerdings oft nur in Form von Lippenbekenntnissen. Welche Probleme resultieren aus diesem Vorgehen in der EU und vielleicht noch wichtiger: Was sollte dagegen unternommen werden? Continue reading >>
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24 July 2017