13 October 2022
Waiting for Godot
The words of the President of the European Commission during her keynote speech at Princeton University on 22 September have caused quite a stir. Responding to a question about the (then) upcoming elections and the prospect of a right-wing government comprising members related to Putin, Ursula von der Leyen (VDL) surprised everyone with a reference to the well-known situations in Hungary and Poland. Now that the formation of a new Italian government is well underway, this contribution reconsiders the fears fueled by VDL’s statements in light of the past and current context to draw some more general conclusions on the institution’s duty to respect and promote the EU’s founding values. Continue reading >>
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06 October 2022
How NOT to Be an Independent Agency
The Hungarian government is trying to convince EU institutions that it is taking adequate steps to ensure proper spending of EU funds going forward. At the center of this effort is a new ‘Integrity Authority’. The law establishing this authority, Bill T/1260, just passed the Hungarian Parliament on 3 October 2022. We have carefully read the laws enacted so far that establish a new anti-corruption framework and can confidently say that neither the Commission nor the Council should accept what the Hungarian government is offering because the proposed changes do not begin to alter business as usual in Hungary. In this blogpost, we will analyze the ‘Integrity Authority’ which forms the centerpiece of the government’s program, showing that it is not independent from the government nor are its powers real. Continue reading >>
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05 October 2022
Sham and Smokescreen
Since 27 April 2022, Hungary has been under the Rule of Law conditionality mechanism, introduced by the Conditionality Regulation. After various debates and considerations, and in the light of the blackmailing potential of the Hungarian prime minister, the Regulation, in a weaker form than initially proposed, works as a preventive tool for ensuring the protection of the EU budget and sound financial management of EU resources. The Hungarian government has a record of misleading (and betraying) the European Union, and apparently, it is not different now. Continue reading >>
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28 September 2022
Mária Kolíková is leaving
A few weeks ago in Slovakia, after the last step of the reforms of the judiciary structure and the separation of powers was achieved, the coalition crisis broke out in full scope. Furthermore, after a two months long ultimatum, the liberals left the coalition. This step also meant the resignation of the Justice Minister, who was responsible for the judicial reform over the last two years. Now is the right time to summarize how Justice Minister Mária Kolíková succeeded in her efforts to reform the judiciary. This is part I of a two part article on the Slovak reform of the judiciary. Continue reading >>
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28 September 2022
The Shadow of the Past, the Challenges of the Future
The outcome of Italy's election has caused worried reactions and general alarm both across Italy and internationally. It is the first time since the dark days of fascism that a right-wing party has won the general election and will likely head the government. It is undoubtedly a turning point in Italian politics and history, a radical shift in the political spectrum. Is Italy’s constitutional system resilient enough to deal with the post-fascist legacy of Brothers of Italy? Is Italian democracy in danger? Three days after the elections we have to be cautious with any such predictions, but I think some preliminary answers are possible already at this early stage. Continue reading >>
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27 September 2022
Defending the Judiciary
The strategies of judicial resistance employed by the Polish judiciary after 2015 are diverse and complementary. They respond to changing and intensifying the pressure of political power on the judiciary. They are a consequence of the judgments of the CJEU and the ECHR concerning the administration of justice in Poland. Continue reading >>
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27 September 2022
Coping Strategies of the Hungarian Constitutional Court since 2010
The very first step of Viktor Orbán’s Fidesz party after its 2010 electoral victory towards an ‘illiberal’ constitutional regime was to substantially limit the once very broad review powers of the Constitutional Court. The Fidesz government also started to pack the formerly activist Court with loyalist. By 2013 was appointed by Fidesz. Before 2013, the Court used some cautious strategies to keep a certain autonomy in the midst of threats to lose its independent status altogether by becoming part of the Supreme Court. Continue reading >>
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16 September 2022
Wholly Autonomously
Is the German Judiciary as Independent as it Should be? Continue reading >>12 September 2022
Pandering to peoples’ emotions is no solution
Poland’s next parliamentary elections will be held in autumn 2023. Polish academics are currently discussing how to repair the country's judiciary if the PiS government gets voted out of office. In this blogpost, Marcin Matczak offers a personal account of the on-going debate and advocates for a pragmatic rather than an emotional response. Continue reading >>
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10 September 2022
Frontex and ‘Algorithmic Discretion’ (Part II)
Part I of this contribution explains how the regulatory design of the European Travel Information and Authorisation System (ETIAS) raises issues in relation to the rule of law principle of legality. Essentially, the ETIAS screening rules algorithm illustrates how automation can lead to what I suggest is a new form of arbitrariness. Part II reflects on how these legality issues affect other rule of law principles, including the principle of effective judicial protection. In turn, it raises three accountability issues and calls into question the assumption that the safeguard of manual processing in case of a ‘hit’ is a panacea for all rule of law challenges stemming from this semi-automated decision-making. Continue reading >>
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