Articles for tag: EU, EU Migration Pact, Niederlande

A Collision Foretold

On 16 May, four Dutch parties presented a new governing agreement (Agreement). The four parties PVV, VVD, NSC, and BBB will form one of the most right-wing governments in Dutch history. They vow to impose the strictest migration policy to date. The proposed migration measures under the Agreement endanger the fundamental rights of migrants and people applying for international protection. The plan also put the Netherlands on a collision course with the EU as many of the measures are contrary to the provisions in the EU Migration Pact, which was adopted last week.

24. Mai 2024

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On Rebuilding and … Keeping the Rule of Law

When I think about the challenge of rebuilding the rule of law in Poland after years filled with unimaginably lawless legal and factual acts and hateful words tearing the Polish Constitution to shreds and offering adequate recipes, the starting point is framing the discussion. A correct description of the starting point determines the route and provides the background against which one can evaluate more detailed legislative choices made along the way. The route must be determined by “fidelity to the Constitution”. Finally, our avowed destination must be framed in clear terms as restoring the meaning and respect to the basic elements of the Polish legal order. I argue that the latter must become the new narrative of lawyers, politicians and citizens alike if we are to succeed.

23. Mai 2024

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Challenges to Georgia’s EU Integration: Is the Georgian ›Russian Law 2.0‹ contrary to the Georgian Constitution?

The so-called Euro-Atlantic provisions have been inserted into the Georgian constitution in 2018 and aim “to ensure the full integration of Georgia into the European Union and the North Atlantic Treaty Organization“. The Georgian draft law ‘On Transparency of Foreign Influence’, the so-called ‘Russian Law 2.0’, is likely to be contrary to those Euro-Atlantic provisions in the Georgian Constitution. Georgia has EU candidate status since late 2023. According to statements by EU representatives, the law is incompatible with Georgia’s EU aspirations. If the law is passed by Parliament, despite ongoing pro-Western protests in the streets of Tbilisi, it remains to be seen what the constitutional Court will make of it, and whether Russian influence can be contained by the Court, which is itself, under pro-Russian political influence.

13. Mai 2024

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The Autocratic Party-Structure of PiS

Political parties are the heart of every parliamentary democracy. This post aims to explore what categorises political party-structure as autocratic and postulates a reform of political parties in Poland as partially inspired by German legal solutions. Namely, the main executive body of the party must consist of at least three members elected no less frequently than every two years. Furthermore, all party members must be allowed to propose electoral candidates. Finally, decisions on party offices and electoral nominations must be carried out by a secret ballot.

13. Mai 2024

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3½ Myths about EU law on Citizenship for Sale

The sale of national and European Union citizenship understandably remains highly controversial. It seems arbitrary, perhaps even abject, to grant nationality in exchange for a monetary investment, when most people must wait years and overcome considerable hurdles before they can naturalize. As evidenced by three recent posts on the Verfassungsblog by Joseph H.H. Weiler, Merijn Chamon, and Lorin-Johannes Wagner, this question continues to divide EU law scholars. It is also a question that is still plagued by several myths about how EU law and, relatedly, international law, apply to CBI practices. This post discusses 3½ such myths.

7. Mai 2024

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The EU Association Agreement with Andorra and San Marino

On 26 April 2024, the European Commission put forward a proposal for the Council to conclude the Association Agreement (AA) between the European Union and Andorra and San Marino. The AA with Andorra and San Marino goes another step further and introduces in an unprecedented manner the supervision and jurisdiction of the European Commission and the Court of Justice (CJEU) in the context of an association agreement. Accordingly, the Union may now have fully exhausted its association competence when it comes to the depth of integration it may offer third countries.

7. Mai 2024

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The Reform of the EU Fiscal Rules

The reform of European economic governance has been in the air for quite some time, but it was not until 2023 that the Commission put forward the most substantial development since the Maastricht Treaty. In April 2024, the European Parliament, along with the Council, approved all three legislative proposals. These measures strengthen European economic security by protecting the sustainability of the Union's debt. Without examining the legislations’ details, this blog post reveals a propensity within EU economic governance towards neo-protectionism of the EU’s financial interests.

6. Mai 2024

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Ten Commandments to Stifle Academic Freedom

Since 2010, the beginning of the populist takeover and the authoritarian transition, Hungary has gathered a lot of experience on how to dismantle academic freedom. This knowledge can be useful for other autocrats as well. But even if we don’t want to give them tips on how to repeat what happened and is happening in this country, it might still be worth reconstructing how it all took place. This can be especially useful for calculating what to expect from autocrats and preparing how to defend against them.

2. Mai 2024

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Overcoming Big Tech AI Merger Evasions: Innovating EU Competition Law through the AI Act

To develop AI, computing power and access to data (aka bigness) are crucial. Now, Big Tech companies appear evading EU competition law. Companies like Google and Microsoft evade the EU Merger Regulation by entering partnerships with smaller AI labs that fall short of shifting ownership but nevertheless increase the monopolistic power of Big Tech. These quasi-mergers are particularly problematic in the context of generative AI, which relies even more than many other services on incredibly vast computing power. That is a dire state from an economic as well as a more fundamental and democratic perspective, as concentrating economic might in the hands of very few companies may cause problems down the road.

29. April 2024

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