Latest blog articles
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Last September, the European Commission adopted a proposal for a Directive on European cross-border associations (COM(2023) 516 final). “The proposal aims to improve … the conditions for establishing and operating European cross-border associations (ECBAs)”. According to the Commission, the current...
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Not out of possibility, but out of necessity
The last couple of weeks of 2021 were dominated by the cross-border nature of the COVID-19 crisis, and the fight against it. While the Netherlands went into the holiday season under a lockdown, complete closures were largely absent in Germany and...
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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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During the corona crisis, national measures in the three countries on the Limburg borders are not coordinated equally well. As a result, there is currently a situation in the border region where certain border entrepreneurs fall between the cracks, such as in the Dutch newspaper NRC on April 2nd ("E...
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During the Easter weekend there was a lack of clarity about what the rules are at the German-Dutch border. What is actually still allowed when it comes to travelling from the Netherlands to Germany and vice versa? Both the government in North Rhine-Westphalia (NRW) and in the Netherlands have...
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Cross-border non-coordination
Yesterday I was in Maastricht at the Belgian border which is no more than 1 km behind my house. I wanted to see it with my own eyes: the border was closed. The Belgian government has put up barriers to prevent us from entering their country. For five years we at ITEM... -
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...