Rescue Package For Fundamental Rights: Comments by ANTJE WIENER
While »safety umbrella« (German: »Rettungsschirm”) is perhaps not the word of the month, the Solange Reversed proposal suggested by the
Articles for category: English Articles
Rescue Package for Fundamental Rights: Comments by MATTIAS KUMM
Hungarian Premier Victor Orban and his ruling party Fidesz, after having received 53% of the votes in the previous election but 68% of parliamentary seats, have transformed Hungarian institutions, effectively asserting and entrenching control over courts and the justice system, the media and the electoral system to align them with the interests of the ruling party (Jan-Werner Müller and Kim Lane Scheppele have provided compelling descriptions). This slide to authoritarianism should be a concern to constitutionalists, wherever it occurs, but it should be of special concern to EU citizens.
Rescue Package for Fundamental Rights: Further Comments from PETER LINDSETH
It is a tribute to the thoughtfulness of the Heidelberg proposal that it has stimulated such a provocative exchange of views so far. It is quite obvious that, regardless of one’s position vis-à-vis the merits of ›reverse Solange‹, there is widely shared concern regarding the evolution of the Hungarian regime. Therefore, at least on an instrumental level, the debate is primarily over the proper balance between judicial and political approaches in challenging that evolution, a debate that the Heidelberg proposal has stimulated quite nicely. But on a deeper level—one of principle—the debate has been over the character of European integration ... continue reading
Rescue Package for Fundamental Rights: Comments by RENATA UITZ
In order to full appreciate the
Rescue Package for Fundamental Rights: Comments by WOJCIECH SADURSKI
The Hungarian debacle is both a challenge and an opportunity for the EU. It is a challenge, because for the first time the EU faces the situation of one of its member states so blatantly and clearly violating certain principles of democracy and human rights protection, taken for granted as part of the moral values upon which the EU is built. (The first time, because the »Haider affair«, often invoked in this context, cannot be seen as a precedent, for reasons mentioned below.) But it is also an opportunity. An opportunity for the EU to demonstrate that it takes its ... continue reading
Rescue Package for Fundamental Rights: Comments by DANIEL THYM
The parallels between the emergency rescue operations for the Euro and the fundamental rights intervention of the ECJ in Hungary are evident: both cases reveal structural shortcomings of the EU Treaties and the advocates of „more Europe“ support enhanced supranational supervision and control. This return to the method of integration of the 1970s is risky. The shortcomings of the EU Treaties are obvious. The creation of the Euro has not been accompanied by a common EU economic policy and EU fundamental rights are characterized by asymmetry. It is unconvincing that the EU scrutinises the human rights compliance of accession candidates ... continue reading
Rescue Package for Fundamental Rights: Comments by PETER LINDSETH
I’d like to thank Alexandra, Max, and Christoph for inviting me to participate in this fascinating exchange. As an American, I feel like the outsider here. Moreover, I have just written a book (in part from an American perspective, but also deeply grounded in integration history) that argues that the EU is best understood as ›administrative, not constitutional‹. So it should perhaps be unsurprising that I am reluctant to endorse the deeply constitutionalist ›reverse Solange‹ proposal of Armin von Bogdandy and his team. I generally join in the cogent reservations already expressed by several commenters (notably by Anna Katharina Mangold, ... continue reading
