Articles for tag: EuGH, Europäische Kommission, Rechtsstaatskrise, Vertragsverletzungsverfahren

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.

15. April 2020

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Humiliating the Court?

The Member States, dismissing an Advocate General before the expiration of her term of office on the Court, have demonstrated that they are ready to humiliate the Court of Justice by allowing post-Brexit frustrations take the place of the Primary Law of the EU. The Rule of Law stands replaced with political whim. As AG Sharpston’s tenure is left in suspense, what is the worth of the core aspects of EU Rule of Law and judicial independence, when the Member States are willing to alter the composition of the Court by a political declaration?

7. April 2020

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Die Zeit drängt

Viel zu lange hat die EU, die sich auf die Achtung der Menschenwürde gründet, die menschenunwürdigen Zustände in den Flüchtlingslagern zugelassen. Wenn nicht wenigstens einige EU-Mitgliedstaaten ihre Verantwortung für die in der Covid-19 Pandemie besonders gefährdeten Menschen in den Flüchtlingslagern auf den griechischen Inseln wahrnehmen, dann verliert die EU als Wertegemeinschaft jede Glaubwürdigkeit.

6. April 2020

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You Can’t Forbid Judges to Think

The Polish judiciary is split apart. One part adheres to the ruling of the Court of Justice of the EU of 19th November 2019, another does not. This legal chaos and catastrophe was caused by the recent judicial reforms and it deprives citizens of the most important right – to be certain what their legal situation in court is.

5. Februar 2020

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Only a Court Established by Law Can Be an Independent Court

In A.K. and others, the European Court of Justice established a detailed method for assessing the independence (or lack thereof) of courts. The judicial independence test laid down by the ECJ, however, may not be entirely fit for the purpose of assessing the lawfulness of courts and judges which are established and appointed on the basis of flawed procedures by bodies arguably violating basic judicial independence requirements as established in EU law. The ECJ appears to limit the required verification under EU law to the issue of independence only. Instead, the reviewing body should, first, check whether the challenged court (judge) is “established by law” and only then, if necessary, follow up on the examination of its independence. Today the Polish Supreme Court has the opportunity to step up and give full effect to that criterion.

23. Januar 2020

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Brexit and the CJEU: why the Opinion of the Court Should be Sought as a Matter of Emergency

With the comfortable majority he managed to secure in the Commons, Boris Johnson is now very likely to be able to push through the British Parliament the withdrawal agreement he negotiated with the European Union back in October. Provided that the European Parliament greenlights it quickly enough, it may well come into force by 31 January 2020, deadline of the last extension decision agreed between the EU-27 and the UK. However, one actor of the process seems to have been forgotten: the Court of Justice of the European Union. This could end up being a huge mistake.

18. Dezember 2019

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Open Letter to the President of the European Commission

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Ever since the European Commission initiated a third infringement procedure in respect to the recurrent attacks on the rule of law by Polish authorities last April, the situation has continued to seriously deteriorate. It is now upon the Commission to promptly submit to the European Court of Justice an application for interim measures in the infringement case C-791/19 Commission v Poland now pending before the Court of Justice.

11. Dezember 2019

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In Rights We Trust

Cases concerning the execution of the European Arrest Warrant (EAW) provide seemingly endless material for new questions of fundamental importance to the relationship of the multiple constitutional layers in Europe. In a barely noted judgment in the case of Romeo Castaño v. Belgium, the European Court of Human Rights has now added an important piece to this puzzle. The judgment indicates that, in the light of other recent jurisprudence of both the Court of Justice of the EU and the ECtHR, both Courts are on their way to find a workable framework to address some of the issues in this field.

21. August 2019

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A Hungarian Judge Seeks Protection from the CJEU – Part I

For the first time, a Hungarian judge stayed proceedings to ask the CJEU preliminary questions about the independence of Hungarian courts. The questions concern the appointment of court presidents and the low salary of judges. The response of Hungarian authorities was quick: Within a week, the Prosecutor General requested the Kúria (Hungary’s Supreme Court) to review the reference with the possible effect of deterring other judges from asking similar questions.

28. Juli 2019

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