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Rule of Law
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Poland: Rule-of-Law Developments April-July 2022
1 August 2022
(updated 3 years, 10 months ago)
Thomas Wahl
in Issue
2/2022
This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim 1-2022, 5-7.
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EU
Rule of Law
MEPs Dissatisfied with Progress in Rule-of-Law Procedures against Poland and Hungary
1 July 2022
Thomas Wahl
In a resolution of 5 May 2022, the European Parliament (EP) reiterated its dissatisfaction with the progress of the ongoing Article 7 TEU procedures against Poland and Hungary. The resolution – adopted with 426 to 133 votes (and 37 abstentions) – calls on the …
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EU
Rule of Law
Protection of Financial Interests
EP Reviews Rule of Law Report 2021
1 June 2022
Dr. Anna Pingen
In a resolution of 19 May 2022, the EP welcomed the Commission’s second annual Rule of Law Report but also pointed out that the Commission still did not fully address its critique of the first report published in 2020. MEPs proposed setting up a “rule of law index”, based on a quantitative assessment of each country’s performance by independent experts.
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Rule of Law
Spotlight
Key Proposals from the Conference on the Future of Europe in the Area of Values, Rule of Law & Security
9 May 2022
(updated 3 years, 10 months ago)
Dr. Anna Pingen
in Issue
2/2022
On 29/30 April 2022, the Plenary of the Conference on the Future of Europe adopted 49 proposals on a wide range of EU topics and more than 300 measures on how to achieve them. The Conference on the Future of Europe is a bottom-up exercise …
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EU
Rule of Law
Reform of the European Union
Area of Freedom, Security and Justice
Cybercrime
Racism and Xenophobia
Data Protection
Poland: Rule-of-Law Developments January – March 2022
25 April 2022
(updated 4 years, 1 month ago)
Thomas Wahl
in Issue
1/2022
This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim 4/2021, 200-201.
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EU
Rule of Law
Conditionality Mechanism: MEPs Dissatisfied – Commission Takes Action against Hungary
12 April 2022
(updated 4 years, 3 months ago)
Thomas Wahl
in Issue
1/2022
In a resolution of 10 March 2022, the EP calls on the Commission to take urgent action and immediately apply the Rule of Law Conditionality Mechanism. On 5 April 2022, Commission President von der Leyen told that the conditionality mechanism will be applied vis-à-vis Hungary.
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EU
Rule of Law
Protection of Financial Interests
Spotlight
Commission Publishes Guidelines on Application of Conditionality Mechanism
12 April 2022
(updated 7 months, 4 weeks ago)
Thomas Wahl
in Issue
1/2022
On 2 March 2022, the European Commission published guidelines on the application of Regulation 2020/2092 setting out the general regime of conditionality for the protection of the Union budget (the “Conditionality Regulation”). The guidelines explain more clearly and precisely how the Commission will apply the Regulation.
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EU
Rule of Law
Protection of Financial Interests
French Presidency Put Access to Lawyer on Agenda
7 April 2022
Thomas Wahl
Against the background of continuous attacks on lawyers, the French Council Presidency initiated a debate on protecting access to lawyers and the rule of law. In a discussion paper of 17 February 2022, the Presidency stressed the importance of the independence and professional integrity …
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EU
Rule of Law
Procedural Safeguards
European Chief Prosecutor: Poland Systematically Refuses Cooperation with EPPO
6 April 2022
(updated 4 years, 5 months ago)
Thomas Wahl
The European Chief Prosecutor informed the Commission of Poland's systematic refusal to cooperate with the EPPO. Poland has refused to apply the regular, binding EU judicial cooperation instruments as well as to sign a working arrangement with the new EU body for tackling crimes against the EU's financial interests.
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EU
Rule of Law
European Public Prosecutor's Office (EPPO)
Protection of Financial Interests
ECA Report on EU Support for the Rule of Law in the Western Balkans
25 February 2022
Dr. Anna Pingen
A report found by the European Court of Auditors found that, while EU action has contributed to reforms in technical and operational areas (e.g. improving the efficiency of the judiciary), it has had little overall impact on fundamental rule-of-law reforms in the Western Balkans.
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Rule of Law
Protection of Financial Interests
Spotlight
CJEU Dismisses Actions against Rule-of-Law Conditionality to Safeguard the EU Budget
16 February 2022
(updated 2 years, 7 months ago)
Thomas Wahl
in Issue
1/2022
On 16 February 2022, the CJEU dismissed the actions brought by Hungary and Poland that sought annulment of Regulation 2020/2092 “on a general regime of conditionality for the protection of the Union budget”. The CJEU mainly rejected three pleas put forward by the applicants. The CJEU confirmed the legal basis, the non-circumvention of the "Article 7 procedure", and the compatibility with the principle of legal certainty.
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EU
Rule of Law
Protection of Financial Interests
EP Increases Efforts to Counteract Strategic Lawsuits Against Public Participation (SLAPPs)
18 January 2022
(updated 4 years, 6 months ago)
Dr. Anna Pingen
in Issue
4/2021
On 11 November 2021, the European Parliament adopted a resolution on strengthening democracy and media freedom and pluralism in the EU. This follows after several initiatives had called for a regulation of Strategic Lawsuits Against Public Participation (SLAPPs):- The study commissioned by the …
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EU
Rule of Law
Victim Protection
EP Observes Rule-of-Law Deterioration in Slovenia
13 January 2022
Thomas Wahl
On 16 December 2021, the European Parliament adopted (with 356 votes for, 284 against, and 40 abstentions) a resolution on the situation of fundamental rights and rule of law in Slovenia. Despite positive developments, the resolution tackles several threats to democracy and media freedom in …
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EU
Rule of Law
Hungary: Rule-of-Law Developments November-December 2021
13 January 2022
Thomas Wahl
This news item continues updates on recent rule-of-law developments in Hungary (as far as they relate to European law). For the last overview → eucrim 3/2021, 137-138.
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EU
Rule of Law
Poland: Rule-of-Law Developments End of October-December 2021
13 January 2022
(updated 4 years, 5 months ago)
Thomas Wahl
in Issue
4/2021
This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim 3/2021, 135-137.
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EU
Rule of Law
EP Sues Commission for Non-Application of the Conditionality Regulation
20 December 2021
(updated 4 years, 5 months ago)
Thomas Wahl
in Issue
4/2021
On 29 October 2021, the European Parliament (EP) submitted the action against the European Commission for failure to apply the Regulation on the conditionality mechanism to the CJEU. The action is registered as Case C-657/21.
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EU
Rule of Law
Protection of Financial Interests
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