16 February 2022
Mutual (Dis)trust
Last week, the General Court of the European Union, in its judgment T-791/19 Sped-Pro, recognized for the first time the impact that systematic rule of law deficiencies have on national competition authorities. The judgement is seminal, in that it openly questions the ability of national authorities impacted by rule of law backsliding to effectively enforce EU law. The judgement also goes to the heart of explaining the pivotal constitutional role played by competition law within the EU legal order. Continue reading >>
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15 December 2021
Full Steam Back
On 10 December 2021, almost exactly five years after its infamous Identity Decision, the Hungarian Constitutional Court was expected by the Government to declare the ECJ Judgement C-808/08 to be contrary to Hungary’s constitutional identity. But as a big surprise for many, the Court dodged the conflict and avoided to offer arguments against the supremacy of EU law to the Hungarian Government. Unlike Poland, it has only just prevented a full-blown conflict with the EU. Continue reading >>
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12 October 2021
Gazing into the Abyss
On Thursday 7th October 2021 the Polish Constitutional Tribunal issued its decision in the case K 3/21. Politically, this situation is likely a crucial point in the Polish rule of law saga. Legally, it is a decision taken by a not independent court that ignored both domestic provisions and EU law towards arriving at a politically motivated outcome tailored towards the interests of the ruling party. Continue reading >>30 July 2020
Chasing reality
This year, like every year, saw the usual spate of data and publications aimed at tracking and analysing changes in the Rule of Law. This year, unlike every other year, has seen a global pandemic of hitherto unknown proportions. We have seen extreme changes to institutional powers, the balance between institutions, and new innovations in digital courts and parliaments. These changes render much of the painstakingly collected and analysed data on the Rule of Law out of date. Continue reading >>
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16 June 2020
Judicial Responses to Bolsonarism: The Leading Role of the Federal Supreme Court
Criticism against the Brazilian judiciary, especially the Supreme Court, has been on the rise in the past couple of decades. Under Jair Bolsonaro’s presidency, however, courts are experiencing a more radical and dangerous form of opposition, which transcends the borders of legitimate criticism and undertakes a direct attack on the judicial branch. This must be understood in light of the Federal Supreme Court’s backlash against Bolsonaro’s maneuvers to flame his supporters and violate the Brazilian Constitution of 1988. This article aims at recollecting the most important rulings and procedures that take part in this reaction. Continue reading >>15 May 2020
The Curious and Alarming Story of the City of Göd
Misusing its extraordinary law-making powers which were conferred to it by the controversial Enabling Act during the epidemic state of danger, the Hungarian government expropriated the city of Göd. Apparently the government did so in order to punish the opposition lead municipality - and it seems to prepare further expropriations. Continue reading >>
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06 May 2020
Some Preliminary Remarks on the PSPP Decision of the German Constitutional Court
Karlsruhe's PSPP decision will not be hard to address as to its actual legal outcome, contrary to what might seem at first instance. But its market effects may be highly problematic. The uncertainty the decision will generate in the short term and the constraints arising from the obiter dicta of the Court for Germany’s participation in the EU response to the Coronavirus situation will likely have some serious negative effects. Continue reading >>30 April 2020
Orbán is Still the Sole Judge of his Own Law
Our 22 April post on the Verfassungblog about Viktor Orbán’s state of emergency generated a thoughtful reply from Dr. Dániel Karsai, a well-respected Hungarian lawyer. We appreciate the chance to respond to his criticisms, alleging that we made some factual errors about the operation of Hungarian law. Continue reading >>
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15 April 2020
Infringement Procedures in the Time of COVID-19
In the last weeks, members of the European Parliament and observers in the legal and academic community have, explicitly or implicitly, criticised the European Commission and the Court of Justice for their handling of ongoing infringement procedures. Put simply, the two institutions have been criticised for moving the existing cases forward, despite the fact that certain countries (first Italy, then followed by almost all other Member States) are in lockdown and, consequently, their administrations are unable to effectively respond. Continue reading >>
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03 April 2020