25 Juni 2023
Human Rights Violations to Deflect Refugees
The Council of the European Union (EU) recently reached a negotiating position (‘mandate’) on two significant elements of the ‘reform’ of the Common European Asylum System (CEAS). The vision hailed as a ‘historic’ agreement by national governments is a direct threat to the right to asylum. The Council not only maintains all structural flaws of the CEAS intact but proposes a quagmire of asylum procedures marred by unworkable, unnecessarily complex rules, that are in clear violation of key human rights standards. Continue reading >>
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16 Mai 2023
The National Case for Reforming the EU Treaties
Four arguments of either explicit or implicit importance in encouraging states to engage in Treaty reform in this ‘reform period’ are of decisive importance again now. Many of these arguments have already found their way into political discourse (for example into the cautious opening of the German government to Treaty reform) while others have not. The key to making the national case for Treaty reform may therefore lie in demonstrating to the Member States that these factors make opening-up the Treaties in their national interest. Continue reading >>
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07 Juli 2022
Untying the Ties that (don’t) Bind
In his letter to MEP Daniel Freund of 17 June 2022, European Council President Charles Michel argued that neither he, as President, nor the European Council have the power to exclude democratically unaccountable representatives of a Member State from that institution. But President Michel’s apparent recourse to a literal reading of Article 15(2) TEU – which fails to consider its relationship with other provisions relating to the composition of the European Council – is not convincing. Continue reading >>26 Dezember 2020
Paradoxes and Dilemmas in Compliance and Enforcement
Scholars have relentlessly argued for tougher EU action against illiberal governments whose actions erode constitutional checks and balances. The panoply of EU tools is large and it comprises mechanisms for compliance via dialogue and engagement, the several infringement procedures and other ECJ cases with RoL implications, and procedures seeking enforcement. Yet, EU action remains inefficient since, to date, none of these mechanisms, jointly or individually, have been able to extract substantial compliance but rather what Agnes Batory called “symbolic and creative compliance” designed to create the appearance of norm‐conform behavior without giving up their original objectives. This poor performance reveals a crucial paradox on rule of law compliance: the EU is a community of law that lacks the last enforcement mechanism; i.e coercion. Continue reading >>
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13 Dezember 2020
Compromising the Rule of Law while Compromising on the Rule of Law
Some EU leaders may assert that EU money will now be brought under the rule of law given that the Conditionality Regulation is now guaranteed to pass. But they are wrong. Continue reading >>28 Mai 2018
„A Bad Workman always Blames his Tools“: an Interview with LAURENT PECH
Constitutional capture in Poland and Hungary and what to expect from the European Commission, the Council and the Court of Justice: an interview with Laurent Pech. Continue reading >>25 Februar 2018
EU Leaders‘ Agenda: Who’s Afraid of Reforms?
Last Friday’s ‘informal’ meeting of the European Council was a key moment in what its President, Donald Tusk, proudly calls his Leaders’ Agenda. Tusk wanted the event to prove that the heads of government are in charge of the EU constitutive process, and to prevent either the European Parliament or the Commission from seizing the initiative. As such it misfired. Continue reading >>03 März 2017
Scharade im kontrollfreien Raum: Hat die EU gar keinen Türkei-Deal geschlossen?
Das erstinstanzliche Gericht der EU hat Klagen gegen den EU-Türkei-Deal als unzulässig abgewiesen – die Europäische Union sei an dem Deal überhaupt nicht beteiligt gewesen. Damit bleibt nicht nur die Frage unbeantwortet, wie sicher Flüchtlinge in der Türkei wirklich sind. Der Beschluss wirft auch verfassungsrechtliche Fragen nach der Reichweite der Rechtsbindung und gerichtlichen Kontrolle der auswärtigen Gewalt der EU auf. Steht die Gerichtsbarkeit der Union in einer als „Krise“ wahrgenommenen Situation bereit, die Rule of Law auch gegen den vereinten Willen der politischen Spitzen von EU und Mitgliedstaaten zu verteidigen? Continue reading >>03 März 2017
Poland and the European Commission, Part III: Requiem for the Rule of Law
On 20 February 2017, the Polish government has replied to the European Commission’s rule of law findings. That reply is so clearly absurd, rude and full of ‘alternative facts’ that the case to trigger the sanction mechanism in Art 7 TEU promptly is more compelling than ever. It is time for Member State governments to get their act together and make explicit their disapproval of a government that finds it acceptable not only to violate its national Constitution and EU values in plain sight but also to bully and disrespect EU representatives such as Frans Timmermans and Donald Tusk. Continue reading >>
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22 Juni 2016
The EU General Data Protection Regulation: Powerful Tool for Data Subjects?
Two months ago, the European Parliament and the Council have enacted the European General Data Protection Regulation as the result of a 4 years running legislative procedure. For a long time, it was uncertain whether the regulation could be passed at all: Not only has there been considerable opposition by EU Member States, but there have also been about 4.000 amendments by Parliament, accompanied by an enormous engagement of lobby groups. Continue reading >>
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