Sue and Let Sue
On member states taking member states to court, and other topical rule of law affairs
Articles for category: Europa
Klagen und klagen lassen
Über Mitgliedstaaten, die Mitgliedstaaten verklagen, und andere aktuelle Rechtsstaatlichkeitsthemen
Legally Feasible, Constitutionally Dubious
The EU is once again in crisis. The political goal of laying down the legal foundations for the Next Generation Europe recovery and reconstruction fund by the end of the year has moved into the far distance after Hungary and Poland announced that they would not agree to a change in the EU's own resources decision at a meeting of the Council of the European Union next week. What to do? Differentiated integration is not possible if and to the extent that NGEU is meant to be financed through EU debt. Is there a possibility of anchoring NGEU entirely in secondary legislation?
LawRules #11: We need to talk about the European Court of Justice
The European Court of Justice has been in the middle of the European rule of law crisis for the last couple of years – and it has called out rule of law violations especially in Hungary and Poland multiple times. But the Court can’t defend the rule of law in the European Union on its own, and it needs institutional partners in this struggle. For example, it needs someone to file cases and to follow up on the Court's orders. Does the European Commission do enough on their part? Who is the guardian of the Treaties – the Commission, the Court, none of the two? The European Council is able to decide on sanctions against member states using the procedure of Article 7 TEU. But that tool has not been effective so far. Does that mean that we witness the juridification of a political conflict that puts too much of a burden on the Court?
A New Nail in the Coffin for the 2017 Polish Judicial Reform
On 1 December the Grand Chamber of the ECtHR gave an important ruling that may have wide-reaching implications for the ongoing attempts to curb the rule of law backsliding in Poland and other countries. The case addresses the appointment of judges, and the way this affects the status of a court as a “tribunal established by law” in the meaning of Article 6 of the ECHR.
A Momentous Day for the Rule of Law
Five Member States led by example by following the Commission’s lead in defending Union law. That is how the EU system was designed to function. Add a simultaneous important ruling of the Strasbourg Court and an unprecedented Dutch parliamentary motion, and this was an important day for rule of law protection in the EU.
Time Is of the Essence
The announced veto of the Hungarian and Polish governments on the EU multi-annual budget and the European recovery fund has caused a major stir in recent days in Europe. The conditionality mechanism is designed to safeguard the Union’s financial interests and complements the existing political and judicial mechanisms. It is expedient to review the state of play of the procedures in place and, if necessary, to pose questions, whether they stand up to the challenges posed by developments in the respective countries, if they are carried out in a timely manner and focus on genuine effectiveness.
The Sorrows of Scraping for Science
Access to data is an overall challenge for researchers when investigating social media platforms' content moderation policies and practices. Researchers need empirical evidence to ground their arguments and public interest research. Platforms have not only not providing data, but are, in fact, further restricting access. Both platforms and governments should make an effort to improve on the availability of data for research, and, to this end, clarify the law in this space.
From Warsaw with Love
Why the Polish government is wooing German jurists
Beyond the Veto of the EU Recovery Fund
Poland and Hungary are threatening to block the EU’s €750 billion budget for the next five years. On the verge of taking the biggest step towards closer economic integration to date, the EU should not compromise on the rule of law. To call Poland and Hungary’s bluff, it needs to hold its ground and present a credible plan B. There are three options for an outside recovery instrument worth considering.
