07 March 2018
Was the Commission Right to Activate pre-Article 7 and Article 7(1) Procedures Against Poland?
Despite the Commission’s best and repeated efforts, the rule of law situation in Poland has indeed been going from bad to worse under the stewardship of Poland’s de facto leader and its “Law and Justice” governing party. Continue reading >>
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06 March 2018
Is Article 7 Really the EU’s “Nuclear Option”?
Why have some EU officials called Article 7 the EU’s “nuclear option” – and is Article 7 really that powerful? Continue reading >>05 March 2018
Does the Commission have the Competence to Monitor Compliance?
Does the Commission have the competence under the Treaties to monitor compliance with the rule of law in countries suspected of rule of law backsliding, even in the event of a breach in an area where the Member States act autonomously? Continue reading >>04 March 2018
Is the Organisation of National Judiciaries a Purely Internal Competence?
On 26 January 2018, Jarosław Kaczyński, Poland’s de facto leader (which in itself is a rather unhealthy sign in a democracy), claimed that what he refers to as judicial “reforms” would not be an EU matter but rather an “internal competence guaranteed by EU law”. Continue reading >>03 March 2018
Should the EU Care About the Rule of Law at Member State Level?
What would happen to the principle of mutual trust? Take requests for extradition under the European Arrest Warrant: Member States would be required to send anyone on their territory (including their own nationals) to a non-rule-of-law abiding Member State. Continue reading >>
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02 March 2018
What is Rule of Law Backsliding?
The notion of backsliding implies that a country was once better, and then regressed. How does that happen? Turns out, it follows a well-organised script that can be summed up in 8 steps. Continue reading >>01 March 2018
Is the Rule of Law Too Vague a Notion?
Is the rule of law too vague a notion to be enforced by the EU against its Member States? Discussing possible sanctions against Poland over its rule of law issues, the Bulgarian prime minister recently claimed that the rule of law is too “vague” to be measured before adding: “Every time you want to hurt someone’s feelings, you put [on the table] ‘the rule of law’.” Continue reading >>23 December 2017
The European Commission’s Activation of Article 7: Better Late than Never?
On Wednesday, the European Commission reacted to the continuing deterioration of the rule of law situation in Poland. The remaining question, of course, is why this argument has been used in the context of 7(1) as opposed of 7(2) given that the situation on the ground in Poland is clearly – in the view of the Commission, the Venice Commission and countless other actors – one of clear and persistent breach of values, as opposed to a threat thereof. The explanation might lie beyond the simple difficulty of the procedural requirements related to the sanctioning stage. Continue reading >>
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03 March 2017
Poland and the European Commission, Part III: Requiem for the Rule of Law
On 20 February 2017, the Polish government has replied to the European Commission’s rule of law findings. That reply is so clearly absurd, rude and full of ‘alternative facts’ that the case to trigger the sanction mechanism in Art 7 TEU promptly is more compelling than ever. It is time for Member State governments to get their act together and make explicit their disapproval of a government that finds it acceptable not only to violate its national Constitution and EU values in plain sight but also to bully and disrespect EU representatives such as Frans Timmermans and Donald Tusk. Continue reading >>
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06 January 2017
Poland and the European Commission, Part II: Hearing the Siren Song of the Rule of Law
As Poland has careened away from the rule of law, the European Commission has struggled to work out its response. Given Europe’s multiple crises at the moment, the internal affairs of a rogue government or two may seem less critical to Europe’s well being than crises that affect multiple states at the same time, like the refugee crisis, the Euro-crisis or the fallout from Brexit. But the proliferation of governments inside the EU that no longer share basic European values undermines the reason for existence of the EU in the first place. Continue reading >>
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