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Rule of Law
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Hungary and Poland Impede Conclusions on Rule-of-Law Evaluation
11 January 2020
(updated 4 years, 10 months ago)
Thomas Wahl
Hungary and Poland blocked the adoption of Council conclusions on evaluation of the rule-of-law dialogue. The rule-of-law dialogue was established in 2014. It consists of a structured dialogue between the Commission and Member States that disrespect the rule of law and the Annual Dialogues on …
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EU
Fundamental Rights
Rule of Law
Schengen
Council
Report
12th EU-Criminal Law Workshop, October 18-19, 2019, Bonn: "Is the rule of law falling apart in Europe?“
Tagungsbericht zum 12. EU-Strafrechtstag – „Geht der Rechtsstaat in Europa unter?“
25 November 2019
(updated 4 years, 10 months ago)
in Issue
3/2019
Criminal defense attorneys met for the 12th time in Bonn/Germany to discuss current challenges in the fields of criminal law and criminal procedure in the European Union. Numerous legal practitioners as well as judges and legal scholars working in the field of European criminal law analysed whether current developments involving the Europeanization of substantive criminal law and criminal procedure still allow constitutional developments.
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EU
Fundamental Rights
Rule of Law
Area of Freedom, Security and Justice
Commission: Rule-of-Law-Related Infringement Actions Against Hungary
9 September 2019
(updated 4 years, 10 months ago)
Thomas Wahl
On 25 July 2019, the Commission decided to launch an action before the CJEU against Hungary for not fulfilling its obligations under EU law, because Hungary has not changed its so-called “Stop Soros” legislation. The law criminalises activities in support of asylum applications and further restricts the right to request asylum.
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EU
Fundamental Rights
Rule of Law
Council: Debate on Rule of Law from Justice Perspective
9 September 2019
(updated 4 years, 10 months ago)
Thomas Wahl
In light of a discussion paper by the Finnish Council Presidency, the Ministers of Justice of the EU Member States held a policy debate on strengthening the rule of law ‒ from the perspective of the justice sector.
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EU
Fundamental Rights
Rule of Law
Spotlight
Commission Presents New Concept to Strengthen Rule of Law
9 September 2019
(updated 4 years, 10 months ago)
Thomas Wahl
On 17 July 2019, the European Commission adopted a set of actions to further strengthen the rule of law in Europe. Key aspects are increased awareness, an annual monitoring cycle, and more effective enforcement.
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EU
Fundamental Rights
Rule of Law
European Citizens’ Initiative on Respect for the Rule of Law Admitted
17 June 2019
(updated 4 years, 10 months ago)
Thomas Wahl
On 3 April 2019, the Commission registered a European citizens’ initiative called “Respect for the rule of law within the European Union.”The European citizens’ initiative is a democratic participation tool by which citizens may influence EU policy. It was introduced by the Lisbon Treaty. …
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EU
Fundamental Rights
Rule of Law
Commission Triggers Debate on Future EU Rule-of-Law Toolbox
17 June 2019
(updated 4 years, 10 months ago)
Thomas Wahl
On 3 April 2019, the Commission published a Communication entitled “Further strengthening the Rule of Law within the Union.” The Communication aims at triggering a reflection process on how the EU toolbox for defending and maintaining the fundamental value of the rule of law in …
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EU
Fundamental Rights
Rule of Law
Global Decline in Rule-of-Law Performance
17 June 2019
(updated 4 years, 10 months ago)
Thomas Wahl
“More countries declined than improved in overall rule of law performance for the second year in a row, continuing a negative slide toward weaker rule of law around the world.” This is one of the main findings of the annual worldwide rule of law index …
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EU
Fundamental Rights
Rule of Law
Romania to be Placed Under Rule-of-Law Monitoring
17 June 2019
(updated 4 years, 10 months ago)
Thomas Wahl
After Poland and Hungary, Romania is likely to become the third EU country that may face the consequences of the EU’s Article 7 procedure (for this procedure, see eucrim 2/2018, p. 80 and the article by Cassese, eucrim 1/2018, p. 72). After the Romanian …
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EU
Fundamental Rights
Rule of Law
EP Generally Supports Link Between Non-Respect of Rule of Law and Loss of EU Money
19 April 2019
(updated 4 years, 10 months ago)
Thomas Wahl
On 19 January 2019, the European Parliament adopted its position on the regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States. In essence, the EP backs the Commission’s idea in its …
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EU
Rule of Law
Protection of Financial Interests
EP: Step up Efforts to Effective Protection of Rule of Law and European Values
8 April 2019
(updated 4 years, 10 months ago)
Thomas Wahl
On 16 January 2019, the European Parliament called on all relevant actors at the EU and national levels − including governments, parliaments, and the judiciary − to step up efforts to uphold and reinforce the rule of law.
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EU
Fundamental Rights
Rule of Law
ECA Criticizes Commission Plans on Loss of EU Money if Rule of Law is not Respected
20 October 2018
(updated 4 years, 10 months ago)
Thomas Wahl
In its Opinion 1/2018 of 12 July 2018, the European Court of Auditors (ECA) assessed the Commission’s plans to link the future multiannual financial framework with a EU Member State’s respect for the rule of law.
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EU
Rule of Law
Protection of Financial Interests
Commission Continues to Struggle with Poland on Rule-of-Law Compliance
20 October 2018
(updated 4 years, 10 months ago)
Thomas Wahl
The controversy between the European Commission and Poland entered into another round in summer 2018. On 2 July 2018, the Commission decided to launch an infringement procedure against Poland regarding the Polish law on the Supreme Court.
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EU
Fundamental Rights
Rule of Law
Lawyers Organisations: Rule-of-Law Violations Have Direct Impact on Judicial Cooperation
29 June 2018
(updated 4 years, 10 months ago)
Thomas Wahl
On the occasion of the reference for a preliminary ruling drafted by the Irish High Court, questioning recognition of a EAW issued by Poland because of the fundamental rights situation in the country, the Council of Bars and Law Societies in Europe (CCBE) and the Federation of European Bars (FBE) issued a joint statement on the rule of law and the principle of mutual recognition.
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EU
Rule of Law
European Arrest Warrant
Commission Proposes Loss of EU Money if Rule of Law is Not Respected
29 June 2018
(updated 4 years, 10 months ago)
Thomas Wahl
On 2 May 2018, the Commission tabled its proposals for a new long-term EU budget, also referred to as Multiannual Financial Framework (“MFF”). The new framework would follow the current budget period that ends in 2020. The MFF would therefore cover the period from 2021 to 2027, and it especially takes into account the EU-27 after the withdrawal of the UK.
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EU
Rule of Law
Protection of Financial Interests
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