Latest blog articles
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Breath in, breath out. Yes, the judgment of the (unlawfully composed) Polish Constitutional Tribunal is a serious challenge to the European Union’s legal system and to the principle of primacy of EU law. No, Poland has not activated the process of withdrawal from the EU under Article 50 TEU. Yes, EU...
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Thank God for Judge Egidijus Kūris. In ECtHR ruling Ahmet Hüsrev Altan v. Turkey of 13 April, he showed that decontextualized analysis is not inherent to supranational judicial review. Once again saucing up his dissent with Bob Dylan, he asked “how many times can [the ECtHR] turn [its] head and...
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There is wide agreement that the EU has not been effective in dealing with what I would define here as values’ awkwardness, cases in which EU Member States threaten the rule of law and the other common values of the European project. The obvious reference is in this respect to Hungary and Poland...
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Turkey has never been governed by the rule of law. This simple fact, long known to political dissidents, members of ethnic and religious minorities, and progressive legal scholars in Turkey, has finally started to be publicly acknowledged by the international community. But, this acknowledgment...
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Union citizens have the right to be accompanied by their ‘spouse’ when exercising their mobility rights. But what if your spouse is denied right of residence because the destination Member State does not recognise your marriage?
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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...
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Can Member States prohibit pupils from attending education abroad, simply on the belief that it might hamper the integration of the children into society? But what of possible justification grounds?
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Can Member States of the EU prohibit pupils from attending education abroad, simply on the belief that it might hamper the integration of these children into society? If this sounds extreme, read on.
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The Central European University is facing severe restrictions after a modification to the Hungarian Higher Education Act. This blog article argues that EU free movement law could be relied upon to challenge that amendment and that, considering the particularly egregious violation of Union law at...
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This second post critically analyzes the decision of the Court, arguing that it is quite unconvincing from different perspectives.