Protecting the Rule of Law in the EU
Does the EU have the power to defend the rule of law in Poland? The European Commission has triggered the Article 7(1) TEU procedure against Poland on the grounds that there is now a clear risk of a serious breach of the rule of law. Laurent Pech and Kim Lane Scheppele defend the intervention against its critics in a Q&A in 10 parts.
Poland and Hungary have governments that are systematically undermining constitutional checks on the power of their leaders and deliberately turning all state institutions into arms of the party. Those cases demand that the EU’s full powers be urgently directed to averting a full-blown autocracy within the EU. What can be done?
Continue reading >>
When Hungary first starting doing down the path to autocracy after 2010, EU officials were quick to recall the “failed” case of Austria in 1999. Didn’t the EU learn from its experience?
Continue reading >>
According to Frans Timmermans, speaking on 17 September 2017, “the situation in Hungary is not comparable to the situation in Poland” implying that Poland is far worse off than Hungary in the rule of law department. But is that true?
Continue reading >>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 >>Why have some EU officials called Article 7 the EU’s “nuclear option” – and is Article 7 really that powerful?
Continue reading >>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 >>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 >>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 >>
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 >>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 >>
