Warsaw will not budge on its key agenda

2018 ◽  
Keyword(s):  
European Commission ◽  
Rule Of Law ◽  
Prime Minister ◽  
Member States ◽  
Content Type ◽  
The Rule Of Law ◽  
Early Evidence ◽  
The Eu

Subject Polish/EU frictions. Significance The European Commission has taken the unprecedented step of warning of a "clear risk" of a serious breach of the rule of law in Poland. Many in Brussels and Poland hoped that the appointment of a young prime minister and a major cabinet reshuffle signalled a rapprochement. On early evidence, at least, they may be sorely disappointed. Impacts Poland’s position in the EU will become more constrained as the rule-of-law conflict is exploited in negotiations on unrelated issues. In openly censuring Poland, the EU sees an opportunity to prove its credentials as a bulwark against populism and extremism. If Poland is pushed too far, the EU’s actions may undesirably strengthen anti-EU sentiments in one of its largest member states.

Poland-EU constitutional crisis will not end soon

2016 ◽  
Keyword(s):  
Economic Growth ◽  
European Commission ◽  
Rule Of Law ◽  
Content Type ◽  
The Rule Of Law ◽  
Constitutional Tribunal ◽  
The Government ◽  
Polish Government ◽  
The Eu

Subject European Commission concerns about the rule of law in Poland. Significance The Commission has sent a formal Opinion to the Polish government, activating the first stage in the EU's 'Rule of Law Framework'. It expresses concerns about respect for the rule of law in Poland (a fundamental founding value of the EU), and in particular about the Polish government's handling of the crisis over the Constitutional Tribunal (TK, for Trybunał Konstytucyjny) Impacts Poland's EU position is likely to suffer as a result of the dispute, making it more difficult for it to achieve other political goals. Polish politics will remain unsettled and polarised, with the opposition using the Commission's Opinion to challenge the government. Legal uncertainty may translate into lower investment by individuals and enterprises dampening economic growth in the medium-to-long term.

Czech EU commissioner will not let up on rule of law

2019 ◽  
Keyword(s):  
Rule Of Law ◽  
Hate Speech ◽  
Vice Presidents ◽  
Member States ◽  
Content Type ◽  
The Rule Of Law ◽  
East European ◽  
East And West ◽  
North And South ◽  
The Eu

Subject The appointment of a Czech commissioner to oversee the rule of law in the EU. Significance Vera Jourova has been nominated as one of the European Commission’s eight vice-presidents and as commissioner for the values and transparency portfolio. Doubts have been raised about her suitability for the post and about whether she will deal firmly with Central-East European (CEE) member states accused of rule-of-law violations and democratic backsliding. Impacts As one of the few CEE politicians in a senior position, Jourova has a chance to become more prominent in Brussels. Among her responsibilities will be tackling hate speech and disinformation, which have become salient issues recently. Jourova could use her position to build bridges between Europe’s east and west, and north and south.

EU integration could provide a way to sanction Hungary

2017 ◽  
Keyword(s):  
Member State ◽  
European Commission ◽  
Rule Of Law ◽  
The State ◽  
Fundamental Rights ◽  
Content Type ◽  
The Rule Of Law ◽  
Eu Integration ◽  
First Time ◽  
The Eu

Significance The EU treaty’s Article 7 may be invoked in response to concerns about the state of democracy, fundamental rights and the rule of law in a member state. Yesterday's decision by the European Commission is the first time the procedure has been used. It may next be used against Hungary. However, the power of Poland and Hungary to veto it shows the lack of instruments to enforce common values. Impacts The EU’s inability to rein in non-compliant members may encourage reneging on democratic commitments elsewhere in CEE. Continued EU values breaches will jeopardise the EU’s coherence in talks with Serbia and Turkey. Values conflicts with Hungary and Poland threaten cohesion within the EU, increasing Russia’s strategic wriggle room.

Lifting COVID-19 measures may hit resilient eastern EU

2020 ◽  
Keyword(s):  
Rule Of Law ◽  
Digital Transformation ◽  
Economic Recovery ◽  
Member States ◽  
Content Type ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Political Controversy ◽  
Strong Start ◽  
The Eu

Significance Available second-quarter data indicate a shallower recession in most of the eleven eastern EU member states (EU-11) than the rest of the EU in January-June. This may be due to a strong start in January-February, followed by strict but shorter lockdowns and macroeconomic measures introduced to smooth the COVID-19 pandemic’s impact. However, the number of cases is still a concern. Impacts Projections for economic recovery in the second part of the year will be subject to downside risks. European solidarity will likely continue to be tested by political controversy over the rule of law. A European-wide vision for green, digital transformation and resilience may emerge.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

Russia and EU Countries: Partnership for Modernization

2013 ◽  
pp. 54-61
Author(s):  
T. Romanova ◽  
E. Pavlova
Keyword(s):  
Rule Of Law ◽  
New Classification ◽  
Member States ◽  
The Rule Of Law ◽  
Normative Power ◽  
Eu Member States ◽  
The World ◽  
The Difference ◽  
The Eu

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

scholarly journals The Rule of Law and the Roll of the Dice. The Uncertain Future of Investor-State Arbitration in the EU

2021 ◽  
pp. 333-359
Author(s):  
Wojciech Sadowski
Keyword(s):  
Rule Of Law ◽  
Legal Reasoning ◽  
Eu Law ◽  
Member States ◽  
The Rule Of Law ◽  
Investment Treaty ◽  
Treaty Law ◽  
Energy Charter Treaty ◽  
Uncertain Future ◽  
The Eu

AbstractInvestment treaty law and EU law began to develop in the same era and share some important philosophical and axiological foundations. The pressure on the CEE countries to enter into numerous bilateral investment treaties in late 80s and early 90s, in the context of the EU accession aspirations of the former communist countries, was likely to result, eventually, in a conflict between EU law and investment treaty law. The conflict could have been managed in three different ways, yet the CJEU decided in Achmea to declare an undefined volume of intra-EU arbitrations to be incompatible with EU law. This important judgment, which delivered an outcome desired by the European Commission and a number of Member States, is based on questionable legal reasoning that creates high uncertainty in this area of law. The doubts include the scope of application of Achmea, which is now a highly debatable issue. The CJEU itself saw it necessary to limit the scope of Achmea by declaring in Opinion 1/17 (CETA) that the legal reasoning of Achmea did not apply to investment protection treaties with third countries. The Member States of the EU remain politically divided in their views as to whether Achmea applies to the Energy Charter Treaty. And while the problems with the rule of law and independence of the judiciary in certain Member States continue to grow, Achmea has left an important gap for which there is no substitute in the current architecture of the EU legal system.

Article 1 TFEU

2019 ◽  
Author(s):  
Marcus Klamert
Keyword(s):  
Rule Of Law ◽  
Community Based ◽  
Member States ◽  
The Rule Of Law ◽  
The Eu

The EU is founded on ‘the Treaties’, i.e. the TEU and the TFEU (Article 1(2) TEU). It has been referred to as a ‘community of law’, and a ‘Community based on the rule of law, in as much as neither its Member States nor its institutions can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty’.

scholarly journals La Unión Europea, Cataluña y Escocia (Cuestiones jurídicas sobre las recientes tendencias secesionistas en los Estados Miembros de la UE)

2016 ◽  
pp. 101 ◽  
Author(s):  
Jean-Claude Piris
Keyword(s):  
Rule Of Law ◽  
Safe Haven ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Informal Consultation ◽  
National Constitution ◽  
The Uk ◽  
Regional Elections ◽  
The Eu

Este estudio surge de los acontecimientos producidos en 2014 y 2015 en Escocia (referéndum sobre la independencia) y en Cataluña («consulta informal» y elecciones autonómicas). En ambos casos, los movimientos secesionistas deseaban que un nuevo Estado nacido de la secesión llegara a ser (según ellos, «siguiera siendo») parte de la UE. Esta convicción les fortalece, ya que la UE es vista como un «refugio seguro », que permite la independencia sin la amenaza de quedar aislado. Los Tratados de la UE ni prevén ni prohiben la división de un Estado miembro. No obstante, para llegar a ser parte de la UE, la región secesionista debería primero ser reconocida como Estado por la comunidad internacional, y específicamente por los 28 Estados miembros de la UE (incluyendo España y el Reino Unido). Esto sería legalmente posible si el nuevo Estado naciera respetando completamente el Estado de Derecho, pero en cambio excluiría un «Estado» que hubiera declarado unilateralmente su independencia violando la Constitución nacional. Así, un nuevo Estado reconocido podría ser candidato a incorporarse a la UE. El autor muestra que debería seguirse el procedimiento del artículo 49 del Tratado de la UE y no el del artículo 48 (enmiendas a los Tratados). Tomando Escocia como ejemplo, el autor describe los pasos legales necesarios que deben darse después de la secesión. Señala que la división de un Estado de la UE ya no debería verse como un asunto estrictamente nacional; dadas sus consecuencias sobre la UE en conjunto y sobre otros Estados miembros, es un asunto que no puede ser ignorado por la UE.This study starts from the 2014-2015 events in Scotland (referendum on independence) and in Catalonia («informal consultation» and regional elections). Secessionists movements in both cases wished that a new State born from the secession would become (according to them «continues to be») part of the EU. That conviction strengthens them, as the EU is seen as a «safe haven», allowing independence without the threat of being isolated. The EU Treaties neither provide for, nor prohibit the partition of a Member State. However, in order to become part of the EU, the secessionist region should first be recognized as a State by the international community, and specifically by the 28 EU Member States (including Spain and the UK). This would be legally possible if the new State was born in full respect of the Rule of Law, but would exclude a «State» having unilaterally declared its independence in violation of the national Constitution. Then, a new State recognised could be a candidate to the EU. The author shows that the procedure of article 49 of the Treaty on EU woud have to be followed (accession of a new State) and not that of article 48 (amendments to the Treaties). Taking Scotland as an example, the author describes the necessary legal steps to be accomplished after the secession. He stresses that the partition of an EU State should not anymore being regarded as a strictly national matter. Given its consequences on the EU as a whole and on other Member States, it is a matter that cannot be ignored by the EU.

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