Latest blog articles by Matteo Bonelli

  • law_vlag_blog_matteo_bonelli

    Let’s take a deep breath: on the EU (and academic) reaction to the Polish Constitutional Tribunal’s ruling

    29 October 2021
    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 institutions will need to take robust action in response to the ruling. No, this will not be the end of the EU as we know it, nor of Poland’s membership in the EU project. Let’s take another deep breath and briefly reflect on these main points in the next paragraphs.
  • Protection_no suspect interrogation without a lawyer

    On awkward membership: dealing with awkwardness: some positive signals

    23 May 2018
    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. For example, infringement actions launched against Hungary after the adoption of the new constitution were framed in too narrow and technical terms, and, while successful, failed to produce meaningful changes.
  • Europese commissie in Brussel

    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’.
  • freedom of religion_MLR blogs

    Another brick in the wall? (Part 2)

    20 March 2017
    This second post critically analyzes the decision of the Court, arguing that it is quite unconvincing from different perspectives.