The Commission’s Rule of Law Blueprint for Action: A Missed Opportunity to Fully Confront Legal Hooliganism

In its first Communication entitled “Further strengthening the Rule of Law within the Union” published on 3 April 2019, the Commission offered a useful overview of the state of play while also positively inviting all stakeholders to make concrete proposals so as to enhance the EU’s “rule of law toolbox”. A follow up Communication from July 2019 sets out multiple “concrete actions for the short and medium term”. This post will highlight the most innovative actions proposed by the Commission before highlighting what we view as the main weakness of its blueprint: a reluctance to fully accept the reality of rule of law backsliding.

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A Hungarian Judge Seeks Protection from the CJEU – Part II

In 2012, Hungary introduced a unique system of judicial administration that was criticized by domestic and international actors. This criticism has been validated by events since then which have shown that the National Judicial Council, the highest collective body of judges, is practically unable to counter-balance the broad powers of the President of the National Judicial Office (NJO). This has caused tensions between judges and the judicial administration, something that was predictable in 2012 when the system was introduced and has led to what can only be described as a ‘constitutional crisis’.

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How to Address Rule of Law Backsliding in Romania

In this post, we will first summarise the situation in Romania before examining Frans Timmermans’ reaction to the latest evidence of rule of law backsliding there. This post concludes with a possible solution considering the diagnosis offered below: an infringement action based on Article 325 TFEU.

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Capturing Bulgaria’s Justice System: The Homestretch

While focusing on other EU members facing challenges in the area of rule of law, foreign commentators may not realize that the situation in Bulgaria is critical. Bulgaria’s executive is now headed into the homestretch of capturing the entire justice system. The current unprecedented proceedings against the President of the Supreme Court of Cassation would complete the capture if the plan that shows through – remove him from office – works.

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Dusting off the Old Precedent – Why the Commission Must Stick to the Art. 7 Procedure Against Poland

Here we go again. The reports are resurfacing that the Commission is ready to back away from the Article 7 procedure that was initiated against Poland last December. Should we be surprised? For anybody who vaguely follows the Commission’s vanishing act, the answer must be a resounding „no”. Instead, the analysis that follows offers a journey back in time and argues that the past teaches us some important lessons and … rhymes.

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