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1. A battle against time – and against Putin’s Russia

Author:
Erwan Fouéré
Publication Date:
02-2024
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
With Putin’s war against Ukraine about to enter its third year, the EU’s enlargement policy remains at the top of its foreign policy priorities, with the focus being on both Ukraine and Moldova. This is following the European Council’s decision to open accession negotiations with both countries. But where does this leave the countries of the Western Balkans and their very long journey towards the EU which began over 20 years ago? Will these countries’ hopes for much needed political momentum in their accession prospects be fulfilled during 2024, despite the repeated delays and the EU’s failure to respect its commitments to the region over the past few years? With elections taking place across Europe offering fertile ground for Russia to deploy its arsenal of disinformation tactics, time is not on the EU’s side. To counter Russian attempts to influence developments in the region, as well as to reverse the dangerous trend of backsliding in democratic and rule of law reforms, the EU will need to adopt a more robust, consistent and determined approach towards the Western Balkans. Without any further delay, it needs to set out a much needed geopolitical and security direction for its enlargement policies in the Western Balkans.
Topic:
Security, European Union, Democracy, Geopolitics, Rule of Law, Regional Integration, and Russia-Ukraine War
Political Geography:
Europe, Ukraine, Moldova, and Balkans

2. Rule of law: the uncertain gamble on conditionality

Author:
Eric Maurice
Publication Date:
03-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
Will 2023 be the year when Hungary and Poland join the ranks of Member States that respect the values of the European Union? Nothing is less certain because, in Budapest as in Warsaw, the reforms demanded by the Union have not yet been implemented. In early February Polish president Andrzej Duda, referred a law which was supposed to bring an end to disciplinary abuses against judges to the Constitutional Court. The Hungarian government has still not completed reforms to make public procurement more transparent and to strengthen the fight against corruption. The fact that these measures are being discussed indicates however that the balance of power has changed. 2022 was a pivotal year in the European Union's efforts to combat breaches of the rule of law in its Member States. For the first time, a range of new and old tools, specific or not, structural or conjunctural, were used to try to reverse the trend that has been developing for several years, mainly in Hungary and Poland, of undermining the independence of the judiciary, systems of checks and balances, and certain rights that are considered fundamental.
Topic:
European Union, Rule of Law, Judiciary, and Regional Politics
Political Geography:
Europe, Poland, Romania, and Hungary

3. Authoritarian kleptocrats are thriving on the West’s failures. Can they be stopped?

Author:
Francis Shin and Ben Judah
Publication Date:
01-2023
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
A hidden web of power revealed itself to Internet users in early 2022. Following a brutal government crackdown in Kazakhstan in January, anyone using open-source flight-tracking websites could watch kleptocratic elites flee the country on private jets. A little more than a month later, Russia’s invasion of Ukraine brought a new spectacle: social media users were able to track various oligarchs’ superyachts as they jumped from port to port to evade Western sanctions. These feeds captured a national security problem in near real time: In Eurasia and beyond, kleptocratic elites with deep ties to the West were able to move themselves and their assets freely despite a host of speeches by senior officials, sanctions, and structures designed to stop them. Kleptocratic regimes—kleptocracy means “rule by thieves”—have exploited the lax and uneven regulatory environments of the global financial system to hide their ill-gotten gains and interfere in politics abroad, especially in the United States, the United Kingdom, and the European Union. They are aided in this task by a large cast of professional enablers within these jurisdictions. The stronger these forces get, the more they erode the principles of democracy and the rule of law. Furthermore, the international sanctions regime imposed on Russia in response to its invasion of Ukraine has little hope of long-term success if the global financial system itself continues to weaken. The West still has a long way to go to rein in the authoritarian kleptocrats who have thrived on the institutional dysfunction, regulatory failure, and bureaucratic weakness of the transatlantic community for far too long. We need to rethink not just how we combat kleptocracy, but also how we define it. Policy makers need to understand that authoritarian regimes that threaten transatlantic security are closely linked to illicit financial systems. As it stands, our thinking about how foreign corruption spreads is too constrained by stereotypes about kleptocratic goals and actions.
Topic:
Corruption, Diplomacy, Intelligence, Politics, Sanctions, Authoritarianism, Reform, European Union, Regulation, Finance, Economy, Rule of Law, and Russia-Ukraine War
Political Geography:
Russia, United Kingdom, Europe, Ukraine, Canada, and United States of America

4. Triggering the Rule-of-Law Conditionality Mechanism against Hungary

Author:
Veronika Jóźwiak
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
The mechanism that makes the payment of funds from the EU budget conditional on compliance with the principles of the rule of law is the newest instrument for protecting the Union’s financial and political interests. The tool allows the European Commission and the EU Council (Council) to exert influence on Member States that violate the fundamental principles of the Community. Triggering it against Hungary might result in a reduction of EU funds to the country as a consequence of rule-of-law violations for the first time in EU history. It is doubtful, however, that this will lead to systemic changes in Hungary.
Topic:
European Union, Rule of Law, European Commission, and Regional Politics
Political Geography:
Europe and Hungary

5. The EU accession prospects of Ukraine, Moldova and Georgia

Author:
Michael Emerson, Tinatin Akhvlediani, Denis Cenusa, Veronika Movchan, and Artem Remizov
Publication Date:
03-2023
Content Type:
Commentary and Analysis
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In the week following Russia’s invasion of Ukraine on 24 February 2022 all three East European states associated with the EU – Ukraine, Moldova, and Georgia – submitted applications to accede to the EU. In response, the European Commission published ‘Opinions’ in June, setting out in each case conditions that should be met for these applications to advance on the path towards membership. This paper reports on the first half-year of the work undertaken by the three states to meet these conditions. All three states have set in motion actions largely concerning the fundamental political and rule of law criteria for membership. In all cases there is much work in progress underway, with some conditions already met, and others at an earlier stage. For both Ukraine and Moldova, it is possible that the majority of conditions will be met in the course of 2023. For Georgia there are still some more basic political obstacles to be overcome. The Commission is due to publish in October 2023 comprehensive evaluations of the preparedness of each of the three states, and in the case that the conditions are largely met, the EU should as a next step open up the formal accession negotiation process. It is also recommended that the EU reform by that time the accession process itself, notably by switching to qualified majority voting on the details of the procedures, and better still adopting a staged accession process that would assure structured incentives for overcoming the blockages in the present system as seen in the Western Balkans.
Topic:
Politics, European Union, Rule of Law, and Regional Integration
Political Geography:
Europe, Moldova, and Georgia

6. After Russia’s invasion of Ukraine: Unity is good, but ambition is better

Author:
Sophie Pornschlegel and Ilke Toygür
Publication Date:
06-2022
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
In view of the volatile geopolitical environment, EU leaders no longer have the luxury of waiting for all 27 member states to find a consensus. In order to lead the way to a Union that is apt for future challenges, the EU should become more ambitious and embrace alternatives, such as differentiated integration, in the coming months and years. Rather than returning to the status quo ante, the EU should use this momentum to progress in five policy fields: economic governance, with a new recovery package and a reform of the fiscal rules; security and defence, with improved EU–NATO cooperation and a stronger ‘European pillar’; energy policy, by quickly steering member states away from dependence on Russian fossil fuels while simultaneously ensuring admissible energy prices for consumers and respecting the climate targets; enlargement and neighbourhood policy, by rethinking its aims and creating options for countries that are unlikely to become EU members in the foreseeable future; and the rule of law, to safeguard the Union’s values ‘at home’. Both the COVID-19 pandemic and the Russian invasion revealed that the EU institutions and leaders are capable of managing crises swiftly and decisively. This reality certainly increases its legitimacy in the eyes of its citizens as well as its allies. The European Union could use this moment of change to increase its ambition for reforms and for moving European integration forward. This should encourage leaders to think about all the options for designing the Union’s future. This is not a time for black and white thinking – Treaty change or nothing –, but rather a time to explore all the shades of grey for securing necessary reforms. If like-minded countries could lead the way, others may also follow. The changing and evolving positions in the EU could help secure more inclusive alliances for moving forward. The political momentum to do so is finally here.
Topic:
Security, Energy Policy, European Union, Geopolitics, Economy, Rule of Law, Regional Politics, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

7. What should the EU do about Hungary’s illiberal turn?

Author:
Perle Petit
Publication Date:
11-2022
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
Since 2010, Hungary’s government has followed a clear and deliberate trajectory away from EU democratic principles, turning the country into the first illiberal state in the Union. Before Russia invaded Ukraine in February 2022, Hungary’s illiberal turn remained relatively self-contained at the national level. Since the start of the war, however, this illiberalism has spread to the international arena, dramatically impeding EU institutional decision-making processes. Despite the urgency of the matter, the EU’s failure to address the country’s democratic decline has been evident. The EU institutions need to address the national and international impact of Hungary's flouting of democratic norms by proposing both short- and long-term solutions. To do so, the institutions should take the following actions: The EU Commission should stand fully behind the triggering of the rule of law conditionality mechanism against Hungary and insist that the country implements all proposed remedial measures in a legislatively binding way. A periodic review system must be put in place to avoid any reversal of these measures or manipulation of independent public bodies in the coming years. The rule of law conditionality mechanism should be triggered against other infringing countries, to demonstrate a zero-tolerance approach to democratic backsliding. The suspension of EU funds should be harmonised across different funding schemes. In this way, the Commission can avoid becoming compromised by disconnected conditionality mechanisms. Increased capabilities and powers should be conferred to independent EU organisations, such as the European Anti-Fraud Office and the European Public Prosecutor’s Office. These should review the strength of democratic institutions in backsliding countries and provide recommendations for reform. The institutions should look into the regional disbursement of EU budgets, bypassing central governments to allocate funds on a regional basis. The Council should consider replacing the unanimity rule with qualified majority voting to render EU decision-making processes more effective and to prevent single member states from holding EU decisions ‘hostage’. As Hungary’s leadership shows no signs of changing course, the EU should change tactics to actively preserve and protect democracy within its borders. The EU institutions should use the full toolbox at their disposal to halt Hungary’s illiberal turn, restore the independence of democratic institutions, and take long-term steps to prevent any further backsliding within the Union.
Topic:
European Union, Rule of Law, European Commission, Illiberalism, and Viktor Orbán
Political Geography:
Europe and Hungary

8. The EU-Turkey Visa Liberalization Saga: Lessons from the European Neighborhood

Author:
Ioannis N. Grigoriadis and Ayşe Tuba Uslu
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
This policy paper co-authored by Ioannis Grigoriadis, Senior Research Fellow of ELIAMEP and Head of its Turkey Programme, and Ayşe Tuba Uslu, Senior at the Department of International Relations of Bilkent University, lays out the main challenges for the successful conclusion of the Visa Liberalization Dialogue (VLD) between the European Union and Turkey. It examines the impact of democratic backsliding, the decline of the rule of law, fundamental rights and divergence in the legal framework regarding organized crime and anti-terrorism on the VLD and highlights the mistrust that has developed between the parties. Through a comparison between Ukrainian, Georgian, Moldovan and Turkish VLDs, it aims to highlight how the VLD could come to a successful conclusion.
Topic:
Human Rights, Migration, Rule of Law, Visa, and Liberalization
Political Geography:
Europe, Turkey, Ukraine, Moldova, Middle East, Georgia, and Mediterranean

9. Public Administration in the era of Covid-19: Policy Responses and Reforms underway

Author:
Manto Lampropoulou
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Covid-19 has caused an unprecedented shock to the state apparatus and has triggered major reforms in the administrative system of Greece. Policy responses to the pandemic have brought about several positive changes towards the modernization and de-bureaucratization of public administration. However, the pace and scale of change vary significantly. The pandemic has acted as a strong driver for the digital transformation of the public sector and the strengthening of e-government policies. Numerous administrative procedures were streamlined, digitalized and simplified, working conditions have become more flexible and several improvements have taken place in service delivery and state-citizen relations. The observed centralisation of decision-making and the often use of fast-track procedures have raised questions of democratic control, transparency and the rule of law, while the emergency measureshave been criticized for the threats they pose for the protection of citizens’ rights, individual liberties and personal data. A key challenge remains the integration the emergency measures of the covid-19 policy agenda into a longer-term programme of administrative reform in the post-covid era.
Topic:
Reform, Democracy, Rule of Law, Public Policy, Transparency, COVID-19, and Digital Policy
Political Geography:
Europe and Greece

10. The Lie Detector and the Stories about It: Narrative of the Fight against Organised Crime in the Function of Capturing the State

Author:
Marija Pavlovic, Bojan Elek, and Milos Jovanovic
Publication Date:
03-2021
Content Type:
Commentary and Analysis
Institution:
Belgrade Centre for Security Policy
Abstract:
How the narrative of the fight against organised crime is used to capture the state? Find out in the latest BCSP analysis. The objective of this report is to analyze the narrative of the fight against organised crime, i.e., the story the authorities are offering the public concerning this topic, for the purpose of establishing how it is used to capture the state. More precisely, the analysis attempts to explain how the polygraph was abused during the declared war on mafia to suspend judicial institutions, ‘cleanse’ some in the eyes of the public or criminalise others outside the statutory criminal procedure, and to identify the consequences of this approach to fighting organised crime. The so-called war on mafia officially began on 19 October 2020, when the President of Serbia used his Instagram profile to announce the final showdown between the state and organised crime. Set forth after a series of unsolved murders that had taken place on the streets of Serbian cities – characterised by experts mostly as mafia-style terminations – it initially looked like a marketing move that preceded the constitution of a new Government. Such understanding was supported by the fact that this was not the first time that government officials declared war on organised criminal groups. Former Minister of the Interior [MoI] declared a similar war almost four years earlier, under similar circumstances. One hero particularly stood out in this war. It was the lie detector, the omnipotent polygraph, used extensively in the previous months as the supreme arbiter of truth. Instead of lengthy court proceedings, complex investigations and obtaining evidence acceptable to the court, the polygraph was used by the highest state officials as a simple tool to directly prove to the citizens whether someone was telling the truth or lying, and to unmistakably determine guilt or innocence. Trials were replaced by media performances involving debates on who passed the lie detector test and who refused to take it, while politicians kept offering to be subjected to it or calling each other out for not doing the same thing, all in the name of the alleged fight against organised crime.
Topic:
Media, Rule of Law, Police, Judiciary, and Organized Crime
Political Geography:
Europe and Serbia

11. The Crime-Politics Nexus Entrapping The Balkans

Author:
Bojan Elek and Giorgio Fruscione
Publication Date:
10-2021
Content Type:
Commentary and Analysis
Institution:
Belgrade Centre for Security Policy
Abstract:
We are presenting you the Dossier on organized crime in the Balkans, produced in cooperation between the Italian Institute for International Political Studies (ISPI) and Belgrade Centre for Security Policy. In some of the countries of the Western Balkans, criminal groups and political elites have grown increasingly interdependent. In particular, Serbia’s and Montenegro’s societies have suffered the most from these links. The two countries have long been considered frontrunners in the EU integration process, whose final completion, however, is difficult to foresee. Similarly, Albania’s EU negotiating process has also been delayed for years, in part because of the country’s role in global drug trafficking schemes. The crime-politics nexus is contributing to the erosion of the rule of law in several Balkan countries, where the risk – or reality – of state capture is increasingly worrisome. In light of recent events, Serbia appears to be the most concerning case as its authoritarian drift currently seems hard to reverse. Which consequences does the situation in Serbia have on other Balkan countries? What impact does state capture have on regional stability? And what is changing for the region’s integration prospects with the EU?
Topic:
Security, Crime, Rule of Law, Organized Crime, and State Capture
Political Geography:
Europe and Serbia

12. What Rule of Law for the European Union? – Tracing the Approaches of the EU Institutions

Author:
Justyna Maliszewska-Nienartowicz and Marcin Kleinowski
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Although the rule of law is a normative notion, it requires a multidimensional approach. It speaks to important issues of law and politics, and its respect is essential for both legal and social security. It can be observed within the European Union (EU) where the issue of respect for the rule of law by its Member States has gained particular importance. The main goal of our study is to contribute to the academic discourse concerning the EU rule of law. The analysis particularly considers the approaches adopted by the EU institutions to the definition of this concept. Consequently, the first part of the article concentrates on difficulties in defining the rule of law. The second part presents the evolution of the Court of Justice approach toward this concept. The next part contains the analysis of the attitudes presented by other EU institutions in their documents. In the conclusions, it is underlined that although the approaches of the EU institutions towards the rule of have evolved, and they have tried to define it and indicate its main components, certain issues require clarification, e.g., the relations of the rule of law with other values.
Topic:
International Cooperation, European Union, Rule of Law, and Institutions
Political Geography:
Europe

13. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:
Benjamin Nurkic
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:
Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina

14. Lgitimisation of Autocracy in Turkey and Russia through the Review of the Constitution

Author:
Etleva Paplekaj
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.
Topic:
Reform, Democracy, Constitution, Political stability, Rule of Law, and Institutionalism
Political Geography:
Europe and Turkey

15. Rule-Bending Debates in Recent Finnish EU Policy: Pacta Sunt Servanda?

Author:
Saila Heinikoski
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Finnish EU policy line has traditionally been adaptable and compromise-seeking, but recent examples related to the rule-bending of EU law reveal some new tendencies. Finland has stood out from the European mainstream in several cases that relate to the rule-bending of EU law in three different ways: rule-bending by others, collective rule-bending, and its own rule-bending. First, intervening in rule-bending by others has found support in Finnish EU policy. Finland prioritized the rule of law in its 2019 Council presidency, as well as in the Government Report on EU policy published on 28 January 2021. Second, alleged collective rule-bending seems to be linked to the threat of federalism. In negotiations on the recovery and resilience facility in 2020, there was a wide domestic debate on whether the result was consistent with the traditional interpretation of EU treaties. Third, Finland’s own rule-bending of the Schengen Border Code’s six-month limit for internal border controls during the Covid-19 crisis seems to have been quietly accepted, with the Interior Minister acknowledging the existence of an “illegal state of affairs”.
Topic:
Regional Cooperation, Treaties and Agreements, European Union, Rule of Law, Regionalism, and Federalism
Political Geography:
Europe and Finland

16. 2023: Turning Moment for European Energy Policy toward Balkans and the European Promotion of the Rule of Law

Author:
Aleksandar Kovacevic
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
Institute for Development and International Relations (IRMO)
Abstract:
The year 2023 is likely to bring congruence of events that may cause a “perfect storm” of breaking down security of energy supply, fragile political stability in the Balkans and its unsustainable social contract. As the region grows fragmented from mid-1960’s till nowadays, very few economic forces remain the EU than among themselves. The terms of trade favor imports against exports. After 20 years of infrastructure development and integration efforts, with support of donors and creditors, despite small improvements; Logistic Performance Index (LPI) for the Balkan countries remains slightly over half of best performers such as Germany. Port resources in place that may cause such impact to entire region in the given moment of time. Cross border trade in goods and services is negligibly small. Countries trade more with the rest of are not allocated in line with the commercial practice. That is not good enough for the region that links Mediterranean with the landlocked Danube area. Travel time along major railway routes (Zagreb – Belgrade or Belgrade -Bar) are twice longer than during 1980’s. Belgrade Port, that is the key destination for transport with all sea ports in the region is constrained by the city planning and kept below minimum throughput to be reported in European inland port statistics. Croatia, Montenegro or Albania, are hardly in position to engage into trade as their ports operate far below competitive thresholds. The transactions are prohibitively expensive.
Topic:
Energy Policy, International Cooperation, Infrastructure, European Union, and Rule of Law
Political Geography:
Europe and Balkans

17. Exploring avenues in the EU’s rule of law crisis: What role for the Netherlands?

Author:
Luuk Molthof, Nienke van Heukelingen, and Giulia Cretti
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
Despite the existence of an extensive ‘rule of law toolbox’, the EU has found it difficult to deal with rule of law issues. Many experts attribute the EU’s failure to act to a lack of political will and determination on the part of EU institutions and member states. However, not all actors are lacking in political will (equally). The Netherlands, for instance, has been very concerned about the erosion of the rule of law inside the EU and has been one of the more active member states – along with, for instance, Belgium, Finland, Sweden and Denmark – in trying to address the EU’s rule of law crisis. In this policy brief, we examine three possible avenues available to the Netherlands to strengthen the political will of EU institutions and (like-minded) peers to assertively address this crisis and to increase pressure on backsliding member states to safeguard the rule of law.
Topic:
European Union, Democracy, Rule of Law, and Institutions
Political Geography:
Europe, Finland, Belgium, Denmark, Sweden, and Netherlands

18. Rule of Law Diplomacy: Why the EU Needs to Become More Vocal in Georgia, Moldova, and Ukraine

Author:
Laura Gelhaus, Pavel Havlíček, and Stefan Meister
Publication Date:
07-2021
Content Type:
Policy Brief
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
Supporting the rule of law has been central to the EU’s Eastern Partnership (EaP) policy since 2009. There has been very limited success in this, however. The EU’s core problem is what is usually its strength: addressing a highly politicized area through a technical approach. EU policymakers need to acknowledge that their political silence is permitting ruling elites in EaP countries to block progress in the rule of law and that the EU is failing to call out pervasive systems of informality there.
Topic:
Diplomacy, European Union, Partnerships, and Rule of Law
Political Geography:
Europe, Ukraine, Moldova, Georgia, and United States of America

19. Protecting checks and balances to save the Rule of Law

Author:
Eric Maurice
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
For half a decade, the Polish government has been reshaping the country's judicial system in a process described by the European Union as a "threat to the rule of law". Despite numerous Council of Europe reports and resolutions, several infringement proceedings and decisions of the Court of Justice of the European Union (ECJ), and the unprecedented activation of the so-called Article 7 procedure of the Treaty on European Union (TEU), the transformation of the judiciary into relays of political power has continued and accelerated since the Law and Justice Party (PiS) won a new term in 2019 and the reelection of President Andrzej Duda in 2020, pushing Poland to the limits of the European legal order.
Topic:
Government, European Union, Courts, and Rule of Law
Political Geography:
Europe and Poland

20. The rule of law in Poland or the false argument about the primacy of European law

Author:
Eric Maurice, Emilie Malivert, and Ana Pasturel
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
Topic:
Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
Political Geography:
Europe and Poland