25 September 2019
Undemocratic but Formally Lawful: The Suspension of the Polish Parliament
While the attention of many constitutional law scholars has been on the UK Government’s decision to prorogue Parliament and first judicial responses, the Polish Sejm’s plenary sitting has been unexpectedly suspended and postponed until after the general elections of 13 October 2019. The decision has a precedential nature. For the first time since the Polish Constitution entered into force, the ‘old’ Sejm is sitting while the ‘new’ Sejm will be waiting for an opening. Although this decision is formally compliant with the Polish Constitution, it is nonetheless undemocratic and raises some serious questions about the motivation behind this move. 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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28 May 2019
Age is the limit? Background of the CJEU case C-619/18 Commission v Poland
Next month the Court of Justice of the European Union will make a decision that is likely going to feature in the future textbooks on European Union law. In the case C-618/19 Commission v Poland, the Court will tackle the topic of judicial independence and the question of whether the standards of the rule of law were violated by the Polish government and parliament and thus address a critical element of European Union’s legal system. Continue reading >>
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18 October 2018
Poland’s Supreme Administrative Court recognizes Same-sex Parents
Poland is one step closer to the full legal recognition of birth certificates that include same-sex parents. In a landmark court ruling of 10 October 2018, the Supreme Administrative Court in Warsaw (SAC) found that registry offices in Poland cannot refuse the registration of foreign birth certificates of children based on the sexual orientation of their parents. Continue reading >>17 September 2018
Beyond the Spectacle: The European Parliament’s Article 7 TEU Decision on Hungary
Emotions were high and voices loud while and after the European Parliament adopted its decision to trigger an art. 7 TEU procedure against Hungary this week. Once the dust settles, it might be helpful and disillusioning to look at the possible consequences, the collateral damages and the side-effects of the European Parliament's art. 7 TEU decision. Continue reading >>16 October 2017