Not little, not late: notes on the commission’s activation of article 7 against Poland

28 December 2017

After the recent adoption of controversial measures affecting the independence of the judiciary, the Commission has decided for the first time in history to activate Article 7(1) TEU against Poland. This groundbreaking decision opens a wholly new phase in the Polish crisis and has a broader impact on European constitutional law at large. On the other hand, the Commission’s decision is not a ‘nuclear option’.