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Fundamental Rights
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Hungary: Latest Rule-of-Law Developments
3 August 2020
(updated 4 years, 10 months ago)
Thomas Wahl
This news item continues the overview given in eucrim 1/2020, pp. 4 et seq. of recent events causing Hungary to struggle with European institutions as regards the country’s move away from the EU rule-of-law values.18 May 2020: The Chair of the European Data Protection …
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EU
Fundamental Rights
Rule of Law
Poland: Recent Rule-of-Law Developments
3 August 2020
(updated 4 years, 10 months ago)
Thomas Wahl
in Issue
2/2020
This news item continues the overview provided in eucrim 1/2020, p. 2 on actions/regulations that triggered controversies on maintenance of the rule of law in Poland.May/June 2020: The ECtHR informs the public of the state of play of various applications by Polish judges, …
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EU
Fundamental Rights
Rule of Law
COVID-19: Lawyers’ Organisations Voice Concerns Over Impact on Individuals Rights
3 August 2020
Thomas Wahl
During the confinement period to curb the COVID-19 pandemic, the right of any person to due process has been severely threatened. In a statement of 20 May 2020, the CCBE urged European institutions and all Member States to overcome the current paralysis of judicial systems …
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Fundamental Rights
Commission Prepares European Democracy Action Plan
27 July 2020
(updated 6 years, 2 months ago)
Thomas Wahl
In mid-July 2020, the Commission started preparations for the European Democracy Action Plan.
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EU
Fundamental Rights
EP Resolution on COViD-19 Pandemic and its Consequences
4 June 2020
Thomas Wahl
On 17 April 2020, the EP adopted a resolution that deals with a wide range of topics on how the EU can overcome the current COVID-19 pandemic and what the follow-up could look like.
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EU
Fundamental Rights
Corona
Rule-of-Law Developments in Hungary
19 May 2020
(updated 4 years, 10 months ago)
Thomas Wahl
European institutions have rule-of-law concerns with regard to Hungary. As in the case of Poland, Hungary faces several infringement actions before the CJEU. The recent developments in brief:
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EU
Fundamental Rights
Rule of Law
Threat of Rule of Law in Poland – Recent Developments
19 May 2020
(updated 4 years, 10 months ago)
Thomas Wahl
in Issue
1/2020
New actions and regulations initiated by the Polish ruling party to push through reforms in the justice system triggered further controversies between the country and European institutions/civil society organisations. An overview of the main recent events:
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EU
Fundamental Rights
Rule of Law
EU Action Plan on Promotion of Human Rights and Democracy in the World
26 April 2020
Thomas Wahl
On 25 March 2020, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy (HR/VP) presented their plans for the future EU policy on strengthening human rights and democracy in the EU’s external actions. The package presented to the …
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EU
Fundamental Rights
Human Rights Issues
Bar Associations’ Resolution on Rule of Law
26 April 2020
(updated 4 years, 10 months ago)
Thomas Wahl
On the occasion of the 48th European Presidents’ Conference on 21 February 2020 in Vienna, representatives from over 50 bar associations adopted a resolution on the rule of law and the independence of justice. European Institutions and national authorities are urged to do the following: …
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EU
Fundamental Rights
Rule of Law
Spotlight
Fair Trial Concerns: German Court Suspends Execution of Polish EAW
2 April 2020
(updated 3 years, 10 months ago)
Thomas Wahl
in Issue
1/2020
On 17 Februrary 2020, the Higher Regional Court of Karlsruhe, Germany set aside surrender of a Polish national to Poland because he might not get a fair trial there. The court implements the CJEU's Celmer judgment, arguing that recent reforms on the disciplinary regime of Polish judges probably lead to a real risk to violations of the requested person's fundamental rights.
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EU
Fundamental Rights
European Arrest Warrant
CCBE Position Paper on AI
1 April 2020
Thomas Wahl
In a position paper of March 2020, the CCBE outlines considerations on the legal aspects of artificial intelligence (AI). The CCBE voices several concerns over the use of AI in areas directly concerning the legal profession.
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EU
Fundamental Rights
Area of Freedom, Security and Justice
Artificial Intelligence (AI)
Legislation
Commission: White Paper on AI
1 April 2020
(updated 5 years, 7 months ago)
Thomas Wahl
in Issue
1/2020
On 19 February 2020, the Commission presented a “White Paper on Artificial Intelligence: a European approach to excellence and trust.” The White Paper outlines policy options on how to achieve the dual objectives of promoting the uptake of artificial intelligence and addressing the risks associated with certain uses of this new technology.
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EU
Fundamental Rights
Area of Freedom, Security and Justice
Artificial Intelligence (AI)
Legislation
Report
AWARE: Seminar on the European Arrest Warrant and Conditions of Detention
Bremen/Germany, 24-26 October 2019
28 January 2020
(updated 5 years, 2 months ago)
Rhianon Williams
in Issue
4/2019
The three-day seminar brought together 38 European judicial and legal practitioners and academics from eight EU Member States looking at use of the European Arrest Warrant. It is part of a series of seminars to be continued in Bucharest/Romania and Lisbon/Portugal in 2020. The aim of EAW AWARE is to support, discuss, and build mutual trust and recognition of decisions between neighbouring European judiciaries and to promote consistent use of the EAW tool by European bodies.
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EU
Fundamental Rights
European Arrest Warrant
Judicial Cooperation
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
Commission Refers New Disciplinary Regime for Polish Judges to CJEU
11 January 2020
(updated 5 years ago)
Thomas Wahl
in Issue
3/2019
After Poland failed to address the Commission’s concerns about the new disciplinary regime for Polish judges, set out in the reasoned Opinion of the Commission of 17 July 2019 (see eucrim 2/2019, pp. 81-82), the Commission referred the case to the European Court of …
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EU
Fundamental Rights
Court of Justice of the European Union (CJEU)
AG: References against Disciplinary Proceedings against Polish Judges at Ordinary Courts Inadmissible
11 January 2020
(updated 6 years, 1 month ago)
Thomas Wahl
On 24 September 2019, Advocate General Tanchev proposed that references for a preliminary ruling of two Polish district courts voicing doubt as to the compatibility of the new disciplinary regime introduced in Poland via judicial reforms in 2017 with Art. 19(1) subpara. 1 TEU should …
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EU
Fundamental Rights
Court of Justice of the European Union (CJEU)
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