14 June 2021
Defending Democracy with Authoritarian Means
Brazilian Congress is currently discussing a legislative proposal to replace the current Law of National Security, enacted during the time of the military dictatorship in Brazil. It revokes the current Law of National Security and introduces a new section to Brazil’s Criminal Code defining various crimes against democracy, such as political violence, the dissemination of fake news in electoral campaigns and sabotage against democratic institutions. Continue reading >>
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11 June 2021
Bringing a Knife to a Gunfight
On 10 June 2021, the European Parliament adopted a Resolution on the Rule of Law situation in the European Union and the application of the Conditionality Regulation. In this Resolution, the European Parliament expresses its concerns about the regression of the democratic situation in several member States and regrets the inaction of other institutions, notably the Council and the Commission. Continue reading >>
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09 June 2021
Framing and Raiding
In early June 2021, Bulgaria’s Prosecutor’s Office raided the Ministry of Interior and raised charges against a senior employee. According to the Minister of Interior Boyko Rashkov, the goal of the Prosecutor’s Office is to sabotage an inquiry into illegal wiretapping. A similar raid against the Bulgarian Presidency in July 2020 sparked mass protests. Bulgaria’s Prosecutor’s Office has an unrestrained authority that is used as a weapon against the opponents of the status quo. Continue reading >>
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02 June 2021
A Tale of Primacy
In its 18 May ruling Asociația „Forumul Judecătorilor din România”, the ECJ took a solid stance on the primacy of EU law by recognizing the binding nature of the Cooperation and Verification Mechanism established by the European Commission with respect to Romania in 2007. The judgment is a genuine guide to national courts on applying the primacy of EU law, especially as regards controversial issues such as the judicial independence and rule of law. Continue reading >>
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01 June 2021
An Austrian Abyss of Cronyism and Corruption
The Kurz government has been involved in a series of scandals, culminating on 12 May with the Chancellor becoming subject of a formal investigation for allegedly providing false testimony before Parliament. In attempts to cover up the governments’ involvement in the various scandals, the rule of law has certainly been challenged in Austria. However, so far, the Austrian Rechtsstaat prevailed. Continue reading >>30 May 2021
Good European Neighbours
On 21 May 2021 the Vice-President of the Court of Justice of the European Union (CJEU), Ms Rosario Silva de Lapuerta granted interim measures in the case of Czech Republic v Poland, ordering Poland to immediately cease lignite extraction activities in the Turów mine. An action against a Member State which might have breached an EU directive – in this case by extending a lignite mining permit without carrying out an environmental impact assessment – may seem like an ordinary environmental case falling under the remit of EU law. The Czech Republic v Poland case, however, is anything but ordinary for at least two reasons. Continue reading >>
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28 May 2021
Borders
On Zittau, environmental impact and what we can get used to and what not Continue reading >>
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14 May 2021
WEBINAR 4: “The Rule of Law in the Pandemic”
The COVID-19 pandemic has placed extreme strain on legal systems, requiring action in response to fast-changing and complex situation of the pandemic emergency. This panel evaluates state action - and in particular, executive-decision making - in response to the pandemic against the standard of the rule of law, and considers whether this will lead to permanent shifts in legal systems worldwide. Continue reading >>
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12 May 2021
Short but Sweet
On 11 May 2021, Bulgaria’s President Rumen Radev issued a decree appointing a caretaker government, which means that the dissolution of the 45th National Assembly is imminent. This National Assembly, which was first convened on 15 April 2021, was rather short-lived, but it paved the way to fairer elections and much needed reforms in the justice system which civil society demands. Continue reading >>
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10 May 2021
The ECtHR Steps into the Ring
For the last two years, the fight for safeguarding the principle of the rule of law in Poland has been dominated by the ECJ’s case law. During this, the Strasbourg Court has mostly been sitting in the bleachers. Yet, with its Xero Flor judgment of 7 May, it strapped on its gloves and stepped into the ring. It concluded that the Polish Constitutional Tribunal, in its current composition, cannot be seen as a tribunal established by law. The decision will undoubtedly have major political and legal consequences. Continue reading >>
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