09 April 2020
Protecting Polish Judges from the Ruling Party’s “Star Chamber”
For the third time, the ECJ has intervened in the subjugation of the judiciary in member states. Its injunction against Poland's "disciplinary chamber" is an important step. But unless Ursula von der Leyen's Commission starts facing up reality, winning legal battles will not prevent losing another member state, after Hungary, to autocracy. Continue reading >>
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07 April 2020
Humiliating the Court?
The Member States, dismissing an Advocate General before the expiration of her term of office on the Court, have demonstrated that they are ready to humiliate the Court of Justice by allowing post-Brexit frustrations take the place of the Primary Law of the EU. The Rule of Law stands replaced with political whim. As AG Sharpston’s tenure is left in suspense, what is the worth of the core aspects of EU Rule of Law and judicial independence, when the Member States are willing to alter the composition of the Court by a political declaration? Continue reading >>06 April 2020
How Corona Aggravates the Crises of the European Union and Threatens its Existence
The corona virus is acting as a catalyst for the EU's various crises smouldering and burning for years, intertwining with them. The current corona pandemic is not only endangering people in the EU in life and limb but also the European Union as a supranational community. With unprecedented urgency, it raises the question of its legitimacy, of its raison d'être. We need now an awareness of the political and social dimension of European integration – it must result in solidarity-based action by the EU and the Member States. Continue reading >>06 April 2020
Hungary’s Orbánistan: A Complete Arsenal of Emergency Powers
On 23 March 1933, an act was adopted in Nazi Germany in response to the “crisis” of the Reichstag fire to enable Hitler to issue decrees independently of the Reichstag and the presidency. Article 48 of the constitution of the Weimar Republic made this act possible. Eighty-seven years later, on 23 March 2020, the so-called 'Enabling Act' was put before the Hungarian Parliament. This was drafted under emergency constitutional provisions in Articles 48-54. Continue reading >>31 March 2020
Illiberal Constitutionalism at Work
Hungary’s and Poland’s responses to COVID-19 demonstrate how illiberal constitutionalism works in practice. In both countries, national constitutional or sub-constitutional emergency regimes provide the framework for government action. Different political and constitutional contexts, however, mean that their specific proceedings diverge. Continue reading >>
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25 March 2020
(Rule of) Law in the Time of Covid-19: Warnings from Slovenia
It is beyond question that radical limitations of a wide range of human rights are necessary to limit the spread of Covid-19, keep healthcare systems afloat, and help saving human lives. The aim of this contribution is not to argue against such measures per se. In spite of the gravity of the situation, however, any measures adopted to combat it must be adopted by competent bodies, following the procedure and under the conditions envisaged by law. In other words, rule of law concerns have to be fully respected. It is my concern that Slovenia has been failing this »rule of law in times of emergency« test. Continue reading >>12 March 2020
Fighting Prison Overcrowding with Penal Populism – First Victim: the Rule of Law
On March 7th, a new Hungarian law came into force, allegedly intended to stop the “abuse” of compensation claims due to inhuman conditions in prison (“abuse law”). Even if this turns out to be yet another populist gimmick, the new legislation has important ramifications for the rule of law in Hungary because it sends the message to the citizens and the courts that the finality of judgements and court rulings are relative. Continue reading >>
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10 March 2020
Commission v Poland: What Happened, What it Means, What it Will Take
9 March 2020. It had been marked in many a Polish diary. Would the EU make steps to finally act to stop the backliding? The electronic board in front of the Grande Salle indicates Case C-791/19 R, Commission versus Poland. A report from Luxembourg. Continue reading >>09 March 2020
Open Letter to the President of the European Commission regarding Poland’s “Muzzle Law”
The current procrastination is akin to dereliction of duty: Waiting to bring infringement actions and to fail to simultaneously seek interim measures when the rule of law in a Member State is so obviously and blatantly deteriorating on an industrial scale only means that the Commission faces a far more serious and intractable problem to deal with later. Continue reading >>08 March 2020
The EU, Segregation and Rule of Law Resilience in Hungary
The legal and political consequences of the Hungarian government’s campaign against an appeal judgment which ordered the payment of compensation for school segregation can reverberate across the EU, because of the ubiquitous nature of segregation. Should the Hungarian government prevail, the case may negatively impact the integration of minorities in other Member States as well, particularly if the European Commission fails to increase its efforts to enforce the Racial Equality Directive. Continue reading >>
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