14 December 2020
Towards an EU Cast in the Hungarian and Polish Mould
It is a serious achievement on Hungary’s and Poland’s part to drive EU institutions so far into mocking the rule of law in the spirit of defending it. Then again, this is exactly what illiberal constitutional engineering is about: using familiar constitutional and legal techniques for ends that subvert constitutionalism and the rule of law. Continue reading >>
0 
13 December 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 >>11 December 2020
If that’s the happy ending, could I have another look at the unhappy ending, please?
Hungary and Poland seem to have won already. Continue reading >>
0
11 December 2020
To Save the Rule of Law you Must Apparently Break It
The interpretative declaration of 10 December 2020 is set to go down in history as a dark page for the rule of law in the Union legal order. Regardless of whether this document will be challenged before Court in the coming sixty days, it represents an unprecedented attempt by the Member States to disregard the rule of law as their dominant organisation principle. The Union being a “Community based on the rule of law”, its members paradoxically seem to have damaged the Union in their effort to save it. Continue reading >>09 December 2020
LawRules #12: We need to talk about Financial Sanctions
As our podcast comes to an end, the year and the German presidency of the European Council do too. One of the foremost projects of the German presidency has been to link EU funding and compliance with rule of law standards. The mechanism is going to be a part of the next long-term budget of the Union, starting from 2021 – that is, if Hungary and Poland vote in favor of it, which is increasingly unclear at the moment, or if a way is found to circumvent their veto. The connection of rule of law violations and EU money, the advantages and shortcomings of financial sanctions for member states as well as how things stand on the current proposal – that’s what we discuss in this week’s final episode of We Need to Talk About the Rule of Law that we wrap up with an outlook on the current state of the Union, rule of law wise. Continue reading >>
0
08 December 2020
Disqualifying Instability
The so-called conditionality mechanism (in other words: "money for the rule of law") provides that breaches of the principle of the rule of law that threaten the EU’s financial interests may lead to suspension of funding. Poland and Hungary oppose this conditionality as they – with good reason – fear that they might be affected by it. What is required not to be subject to this mechanism, however, is quite straightforward and can be reasonably expected by an EU Member State. Continue reading >>
0
07 December 2020
Borissov’s Latest Plan to Avoid True Reforms
Borissov’s government is attempting to use the 2020 country report by the European Commission to deliver yet another blow to Bulgaria’s rule of law by putting forward an action plan which allegedly addresses the Commission’s concerns. Moreover, a shocking proposal that became public on 3 December 2020 revealed plans for a reform that would essentially allow the General Prosecutor to choose who will investigate him. Continue reading >>
0
05 December 2020
A Damaged Court Causing a Constitutional Crisis
In late October 2020, Ukraine’s Constitutional Court found major elements of Ukraine’s legal framework on combatting corruption unconstitutional. The decision was met with so much backlash that the rule of law in Ukraine is now at stake. Additionally, it has caused a deep rift within the Constitutional Court itself, which is currently unable to take decisions as a number of justices refuse to participate in proceedings. The decision has thus not only undermined the ongoing efforts to fight corruption but has thrown Ukraine into a veritable constitutional crisis. Continue reading >>
0
04 December 2020
Sue and Let Sue
On member states taking member states to court, and other topical rule of law affairs Continue reading >>
0
04 December 2020
LawRules #11: We need to talk about the European Court of Justice
The European Court of Justice has been in the middle of the European rule of law crisis for the last couple of years – and it has called out rule of law violations especially in Hungary and Poland multiple times. But the Court can’t defend the rule of law in the European Union on its own, and it needs institutional partners in this struggle. For example, it needs someone to file cases and to follow up on the Court's orders. Does the European Commission do enough on their part? Who is the guardian of the Treaties – the Commission, the Court, none of the two? The European Council is able to decide on sanctions against member states using the procedure of Article 7 TEU. But that tool has not been effective so far. Does that mean that we witness the juridification of a political conflict that puts too much of a burden on the Court? Continue reading >>
0