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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Is it legally possible for Trump to invoke an emergency in order to avoid Congress and obtain the necessary funds to build his wall? Or put differently: is it possible under US law to undo the refusal of Congress to appropriate the necessary funds?
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In May 2018 the European Commission presented the plan of a new financial framework for 2021-2027. In which is stated that the European Commission, among other things, aims to make the subsidies which are given to the countries, conditional upon the level at which a member state complies with EU...
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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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Yelling, offensive language, indecent sounds, and to a certain extent even behaviors are being protected as ‘speech’ or as ‘symbolic speech’ by Article 7 of the constitution. If we believe criminal justice is an appropriate instrument, an intervention is only allowed on the part of the national...
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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...