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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It is always exciting to await a final decision of the Court of Justice of the European Union. The judgement in C-619/18, Art. 258 TFEU infringement case against Republic of Poland, is even more of a case in point, given its relevance for the European Union values and the mechanisms designed to hold...
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The Polish turn away from democracy, named by Sadurski as anti-constitutional populist backsliding, has taken on a new dramatic and bold turn involving the active use of the available tools by the judges to question and address the rule of law problems in Poland. The judges seem to be fighting back...
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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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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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This second post critically analyzes the decision of the Court, arguing that it is quite unconvincing from different perspectives.
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On March 7, 2017, the CJEU concluded that EU law does not oblige Member States to issue humanitarian visa to Syrian individuals and families seeking international protection. Despite the humanitarian disaster in Syria, safe legal routes to Europe remain a mirage.
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In the 4th December referendum, Italy rejected the constitutional reforms promoted by the Renzi’s government. As a consequence of the “No” vote, the Prime Minister decided to resign. While the vote was influenced primarily by internal factors, the result may open a period of uncertainty for both...
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In 2011 the European Commission announced it would propose a “European Accessibility Act” in 2012. The “Act” was to be an EU instrument which would seek to ensure a free market in products and services which were accessible to people with disabilities.
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The European Union is a party to the UN Convention on the Rights of Persons with Disabilities. This is the first and, thus far, the only human rights treaty to which the EU is a party. In accordance with Article 35 of the Convention, the EU submitted its State report on the steps which has taken to...