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 >>
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08 December 2019
The European Parliament Sidelined
When the Council adopted the first set of procedural rules governing Article 7(1) TEU hearings in July 2019, it unilaterally decided to make the Commission the proxy for the Parliament. This post will show how the Council’s differential treatment of the Commission and the Parliament as activating bodies under Article 7(1) is not compatible with EU primary law and goes against in particular the principle of institutional balance. Continue reading >>
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05 September 2019
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. Continue reading >>25 June 2019
Where Citizenship Law and Data Protection Law Converge
Becoming a citizen of a country is a noteworthy event. But in light of increasing concerns over the protection of personal data, states face questions regarding the necessity of formal publication of the personal data of their new citizens. A closer look at Member States' practices reveals radical discrepancies between the national approaches taken across the EU. Continue reading >>
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05 April 2019
The Tjebbes Fail: Going Farcical about Bulgakovian Truths
In the case of Tjebbes the European Court of Justice has agreed in principle with stripping EU citizens residing abroad of their EU citizenship status and EU democratic rights based on non-renewal of the passport. The judgment showcases the dangerous limits to the understanding of the concept of citizenship by the Grand Chamber of the Court of Justice. Continue reading >>
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28 January 2019
More Suffocating Bonds?! Conceptual and Legal Flaws of the Unnecessary Proposal
In this brief contribution I turn to Kostakopoulou’s text and briefly show that her proposal: 1) ignores the core aspects of EU citizenship’s added value; 2) is entirely unnecessary; 3) is not legally neat; and 4) is dangerous for the very nature of EU citizenship today as it essentially pleads for the recreation of the ‘suffocating bonds’ the EU was created to ease, only at a scale much more scary than Greece, Ireland or France, when taken one by one. Besides, it ignores every single outstanding problem actually posed by EU citizenship law as it stands. Continue reading >>
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23 January 2019
Investor Citizenship and Residence: the EU Commission’s Incompetent Case for Blood and Soil
Today, on 23 January 2019 the Commission released its ‘Report on Investor Citizenship and Residence Schemes in the European Union.’ The Report will definitely not be entered on the roll-call of the documents the Commission could even vaguely be proud of. Continue reading >>18 September 2018
The Four Elements of the Autocrats’ Playbook
There is truth in the old maxim proclaiming the imperative to try to get to know your enemies well. We outline four key techniques deployed by the autocratic regimes in Poland and Hungary in order to consolidate the constitutional capture and massive assault on European values and take a look at some of the elements of each of the four. Continue reading >>11 September 2018
False Accountability, Elusive Rule of Law
The tale of the ‘political Commission’ is not only bound to weaken the Union’s ability to meet the outstanding challenges touching upon its institutional core but has fundamentally undermined the EU’s action in an area of most fundamental concern: the unfulfilled promise of democracy and the rule of law for all European citizens. Continue reading >>
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01 March 2018
Misguided ‘Associate EU Citizenship’ Talk as a Denial of EU Values
Guy Verhofstadt is famous for articulate ‘The answer is more Europe’ positions on all issues European. Jan-Werner Müller might be right: should there have been no Verhofstadt, Eurosceptics would have had to invent him. This is particularly so given his position on EU citizenship for UK nationals after Brexit as the chief European Parliament Brexit negotiator. In this contribution, I explain why playing with any kind of ‘associate EU citizenship status’ for the Brits after Brexit is a terrible idea undermining all what should be cherished about the project of European unity. Continue reading >>
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