25 May 2023
Media Pluralism in KRRiT-ical Condition
In April 2023, the Polish National Broadcasting Council, the so-called KRRiT, imposed a high fine on an indipendent media outlet. It was not the first fine of this kind to independent media organisations. The growing number of KRRiT decisions targeting independent media in Poland is the result of the political nature of the procedure for appointing members of the KRRiT and the broad, unclear legal basis for imposing fines. Since 2005, the decisive voice in the composition of the KRRiT was that of the ruling political majority. This blogpost analyzes and criticizes the vague legal framework for KRRiT and the institution's apparent political capture in recent years. Continue reading >>
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31 March 2023
The Battle Over the Populist Constitutional Coup in Israel
On the night of March 26, 2023, the battle over the constitutional overhaul planned by Israel’s Netanyahu government reached an apex moment. Much uncertainty lies ahead. What is clear is that a combination of massive protests, pressure by significant groups in Israeli society such as the tech industry and elite military reservists, and American pressure forced Netanyahu to suspend the legislative process. Whether this development will lead to the burial or the reemergence of the constitutional coup is yet to be seen. The road ahead is complicated, as rejection of the coalition’s plan, while seemingly a victory for the democracy movement, may also serve to feed the populist argument about elites. Continue reading >>
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28 March 2023
The Council’s Conditionality Decision as a Violation of Academic Freedom?
On 15 December 2022, the Council’s suspended various EU budgetary commitments towards Hungary, the first application of the so-called Rule of Law Conditionality Regulation. The measure also froze access to Erasmus+ and Horizon Europe funds for 21 Hungarian universities that remain under the management of public interest trusts, thereby effectively denying access to these funds to a large pool of scholars and students. The decision raises important questions regarding the scope of protection afforded to final beneficiaries of EU funds. We suggest that a deeper engagement with the rights and interests of final beneficiaries in the context of the Conditionality Regulation necessitates a reconceptualisation of the EU’s understanding of and responsibility for academic freedom. Continue reading >>
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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 August 2022
Extradition to Russia from an EU Member State
On 8 August 2022, a Bulgarian Regional Court, acting as a first instance, allowed the extradition of Alexey Alchin, a Russian national, to Russia upon the request of the Russian Prosecutor’s Office. This controversial decision sparked much debate among Bulgarian civil society because Alchin became known for burning his Russian passport at a protest against the Russian invasion of Ukraine in February 2022 and for maintaining anti-war stances. In the eyes of Bulgarian civil society, the request for his extradition is politically motivated. Continue reading >>
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16 February 2022
Mutual (Dis)trust
Last week, the General Court of the European Union, in its judgment T-791/19 Sped-Pro, recognized for the first time the impact that systematic rule of law deficiencies have on national competition authorities. The judgement is seminal, in that it openly questions the ability of national authorities impacted by rule of law backsliding to effectively enforce EU law. The judgement also goes to the heart of explaining the pivotal constitutional role played by competition law within the EU legal order. Continue reading >>
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28 April 2021
How the EU is Becoming a Rule-of-Law-less Union of States
The most recent attempt by Poland's executive to undermine the very foundations of the Union legal order speaks volumes about how far the politics of resentment have come since 2015. With the Constitutional Tribunal about to hand the government its desired excuse to ignore interim measures of the Court of Justice of the European Union, a point of no return might have been reached. This new phase sees the dismantling of the rule of law on the domestic front being reinforced, aided and abetted now by the legitimizing inaction and/or spineless bargaining at … the supranational level. The EU through its institutions is playing the game according to the rules dictated by the smart autocrats. Continue reading >>02 October 2020