Poland

Newshound Commentary for 06-01-2022

Unlocking EU recovery funds for Poland notwithstanding all evidence of continuous and systemic violations encourages lawlessness, tacitly accepts political blackmail and disregards the rule of law and EU values. Read Anna Wójcik thread.

As noted by Policy Fellow for EU Institutions and Democracy Thu Nguyen, the EU Commission cannot approve national recovery plans on its own. The final decision on National Recovery and Resilience Facility Plans is in the hands of the Council. Read more.

The Annex to the European Commission’s decision to approve Poland’s Recovery Plan sets a clear deadline for judicial reforms: the second quarter of 2022. The European Commission requests Poland to change the rules of procedure of the Sejm, to strenghten the independence and impartiality of the courts and to remedy the situation of those judges who have been affected by decisions of the Disciplinary Chamber. Read the thread

The EU Commission has fallen for a feint. Jakub Jaraczewski, Research Coordinator at Democracy Reporting International working on re:constitution, shares his point of view on EU Commission President Ursula von der Leyen’s recovery fund deal with Poland and what it means for the rule of law. Read his article.

European Commission greenlights Poland’s National Recovery Plan despite unresolved rule of law issues. To be officially approved, it still requires a majority vote by the Council. During Ursula von der Leyen meeting with Polish Prime Minister Mateusz Morawiecki and Polish President Andrzej Duda, EU Commission President underlined several times that Poland’s ability to receive the money will depend on fulfill the established conditions. Read the article.

During the 2021 Riga Justice Conference, judges from EU Member States held a dialogue on the common constitutional architecture at the Riga Justice Conference. Speakers’ contributions are now available online here. As noted by Jakub Jaraczewski, research coordinator at Democracy Reporting International, the contribution by the Polish Constitutional Tribunal has yet to be published. The Polish Tribunal was represented at that conference by judge Bartłomiej Sochański who would, one month later, be the rapporteur in the ‘EU law has no primacy in Poland’ judgment K 3/21. Read his thread

Censuring von der Leyen’s Capitulation on the Rule of Law - EU law professor Alberto Alemanno has analyzed the effect of the possible motion of censure against Ursula von der Leyen over her rule of law deal with the Polish parliament. On Monday, three members from the Renew Europe group took the initiative to launch a call for signatures for a motion of censure of the Commission under Article 127 of the Rules of Procedure of the European Parliament. Read the article and his thread.

Despite pressure at the EU level for compliance with the rule of law, Polish Parliament rejected all Senate’s amendments to the law on the Supreme Court. Now the proposal needs for the President’s approval. Read more here..

‘We don’t feel obligated to implement all milestones to unblock EU funds’, says Zbigniew Ziobro, current Minister of Justice of the Republic of Poland and leader of United Poland party. Although most of the attention has focused on the milestones relating to the judicial system, Ziobro notes that the agreement also covers issues elating to the environment, healthcare, governance and transparency. The United Poland party is opposed to some of these milestones. Read the article.

According to Jakub Jaraczewski, research coordinator at Democracy Reporting International, the hearing of the Polish Constitutional Tribunal scheduled for 21 June, has been called off. Read his thread

Poland’s rule of law breakdown: the European Court of Human Rights (ECtHR) has communicated 16 new complaints to Poland, affirms Professor Laurent Pech. Read more.

As reported by Jakub Jaraczewski, research coordinator at Democracy Reporting International, a new rule of law case before the European Court of Human Rights has just been communicated. The case, Gąciarek v. Poland, concerns the suspension of a judge by an illegal Disciplinary Chamber. Read more here.

Jakub Jaraczewski recommends interview by Kultura Liberalna with ex judge Jaras Gwizdak, who highlights the problems of the Polish judiciary such as caution by judges, lack of education and swamping the courts with work, lack of long-term planning for reform. Read his thread here.

After 4 years of research, professor Laurent Pech has published his rule of law ReconnectEU project deliverable. In a context of increasing rule of law backsliding within the EU itself, the European Commission presents the rule of law as ‘a well-established principle’. On the other hand, the Polish and Hungarian national governments have claimed that the rule of law is neither defined in EU law, nor could it be defined in EU law. Professor Pech’s article assesses these conflicting views and analyses the rule of law situation in the European Union. Read it here.

As reported by Rule of law in Poland, Morawiecki’s government will not make public who exactly will receive PLN 164 billion from the EU Recovery Fund. EU regulations do not prevent embezzlement. The European Commission assured that it would make sure that every euro was well spent and that governments were held accountable for all cases of corruption and fraud. Transparency, in particular, was called for by the European Parliament. In a resolution adopted last week, Parliament calls on EU countries to be transparent, arguing that publishing the data will increase public confidence. However, EP resolutions do not have binding legal force. Read the article (PL).

‘Judiciary in Poland: an ongoing decay of the rule of law’. If you are a Polish judge and you intend to apply European standards on judicial independence, think twice, writes Professor Maciej Taborowski. You are facing suspension, as well as disciplinary and criminal proceedings. Either the end of your career or, at best, a long and unpleasant break. Read his article.

On 28 and 29 June, the European Court of Justice held a hearing concerning the rule of law in Poland. The streaming is now available here.

Commissioner Věra Jourová expanded on the statement made yesterday during the hearing of the European Parliament’s Special Committee on Foreign Interference in all Democratic Processes. She noted that the European Commission is still in the process of assessing the new law on the Disciplinary regime in Poland. Read her tweet.

Professor Laurent Pech has shared letters from 5 Commissioners addressed to Ursula von der Leyen in relation to the Polish recovery and resiliance plan. Read the letters.

As reported by Rule of law in Poland, Poland’s Ministry of Foreign Affairs has admitted that it did not execute European Court of Human Rights’ judgment in case Dolińska-Ficek and Ozimek v Poland (49868/19) because the Polish government claims (spuriously) that Article 6 of the ECHR is unconstitutional. Read more.

According to Jakub Jaraczewski, Polish media are reporting about unverified e-mails exchanged between Prime Minister Mateusz Morawieck, Michał Dworczyk (minister heading PM Chancellery), and the Tribunal’s President Julia Przyłębska. The emails reveal that the government was discussing the dates of Constitutional Tribunal judgments and values which seemingly were the potential costs to the state budget of each judgment. As he noted, it seems that even relatively mundane cases are being consulted with the government, presumably to ensure that the Tribunal’s activity won’t burden the government financially. Read his thread.

Jakub Jaraczewski has contributed to András Rostovanyi’s article published on Népszava. As he noted, the revealed exchange of emails between the Polish government and the Constitutional Tribunal confirms that the Tribunal is at the beck and call of the ruling party and government. Poland is trying to push hard a narrative that this is a Belarusian-Russian operation but no investigation by Polish intelligence followed the leaks. Read his thread.

European Law Professor Laurent Pech has shared the English translation of the Polish Ministry of Foreign Affairs (MFA) statement making explicit that the Polish government will continue to violate European Court of Human Rights’ rulings regarding Poland’s rule of law crisis and refuse from now on to pay compensation on account of their alleged constitutionality. Read the statement.

As reported by Rule of Law in Poland, the Polish government will not make public who exactly will receive money from the EU Recovery Fund. EU regulations enable it to do this, as they do not prevent embezzlement. Read the article.

Hungary, Poland and the ‘Community of Fate’. In February 2022, the ECJ delivered a ruling in cases brought by Hungary and Poland against the European Parliament and the European Council on the regime of conditionality for the protection of the EU budget. Jake Goodman-Palmer claims that instead of undermining the European commitment to the rule of law, by daring the Court to respond, Poland and Hungary may have inadvertently consolidated the place of rule of law in the heart of EU identity. Read his article.

Jakub Jaraczewski affirms that the situation at Polish Constitutional Tribunal (CT) sis getting more intersting. Tribunal Vice-President Mariusz Muszyński has issued a statement saying that he should not be associated with any alleged Government-Tribunal consultations. In addition, he has distanced himself from CT President Julia Przyłębska even if they used to be quite close allies until recently. Read his thread.

‘I do not consult on rulings with anyone,’ Julia Przyłębska, tells POLITICO amid accusations that her rulings have helped enable the government’s controversial reforms. One of Poland’s highest-ranking judges may have chatted with the Prime Minister’s office before making critical decision. However, according to her, she is independent. Read the article.

‘We have really demonstrated maximum goodwill. From the point of view of the treaties, we are under no obligation to listen to the Union on the justice system. None whatsoever’, affirms J. Kaczyński, de facto leader of the Polish government, asked about the ‘milestones’ in the National Recovery Plan. Read the article published by Rule of law in Poland.

The European Commission gives Poland two months to fix the rule of law violations committed by the Constitutional Tribunal, writes Wyborcza. Should the Polish government fail to do so, the Commission could refer its complaint to the Court of Justice of the European Union.Read more.

Jakub Jaraczewski, research coordinator at Democracy Reporting International, has examinated the highlights of the 37 cases concerning the rule of law in Poland notified by the European Court of Human Rights. Applications include civil and criminal cases examined by new judges of the old chamber of the Supreme Court, activist judges standing before the Disciplinary Chamber of the Supreme Court and prosecutors standing before the same Chamber. Read his thread

Waldemar Żurek v. Poland judgment of the European Court of Human Rights should be regarded a real milestone in relations with European institutions. On 16 June 2022 the Strasbourg Court found that depriving Judge Żurek of his membership of the National Council of the Judiciary before the end of his term of office violated his right to a court, as he could not appeal the decision. The Court also found that Waldemar Żurek’s freedom of expression had been violated. Although this is yet another ruling of the Strasbourg Court on the rule of law in Poland, it is of absolutely exceptional importance. Read more.

Associate Professor of Law Kati Cseres informs that the editorial ‘Conditionality and the Rule of Law’ is online. In this Editorial, the mechanism of the Conditionality Regulation as well as its possible application in Poland and Hungary is discussed. Read it here

As noted by Jakub Jaraczewski, European Commission President Ursula von der Leyen has affirmed that the new Polish law on Supreme Court does not satisfy the milestone requirements that would unlock the recovery fund. Read his thread.

‘Rule of law: the Anti-Gender and Anti-LGBTQI Mobilisation in Hungary and Poland’. Projekt: Polska and Political Capital have published a Research Project aimed to reveal the evolution of the Hungarian and Polish anti-gender and anti-LGBTQI mobilisation, its political, social and legal contexts, main actors and narratives. Read more.

MEP Daniel Freund, member of @GreensEFA in the European Parliament, published Ursula von der Leyen promises to European Parliament: No recovery money will be disbursed to Poland without a reform of the judicial system. Read more

Why the EU is punishing Hungary and sparing Poland - Hungary and Poland have been in a dispute with the European Commission for years about the rule of law. But the rule of law mechanism has only being activated against Hungary, which could cost Budapest billions. Read the article.

EU ‘finalising’ deal with Poland for €36bn Covid recovery plan. Valdis Dombrovskis, European Commission executive vice-president, said that Poland might soon receive its funding package that had been frozen due to rule of law dispute. Read the article

Jakub Jaraczewski, research coordinator at Democracy Reporting International, shared his thoughts on Polish Parliament’s vote on the Disciplinary Chamber. This was not the final vote and the final scenario can’t still be defined. Read the thread

As reported by Politico, the Polish Parliament has approved a draft law which modifies the controversial system for disciplining judges. MEP Sophie in ‘t Veld does not believe in the authenticity of this move. Read her thread

Monika Frąckowiak, judge of the District Court in Poznań and board member of MEDEL, affirms that never before have the judges in Europe been so unified and united. Read the article.

MEP Sophie in ‘t Veld and EU law professor Alberto Alemanno call for EU Commission President Ursula von der Leyen’s action: criteria for disbursing EU funds must be clarified in order to avoid dangerous precedent. CJEU rulings can’t just be complied with on political convenience.

Poland Prime Minister has welcomed the EU’s decision to ban most Russian oil imports. Read more.

EU Commission President Ursula von der Leyen is today set to approve Poland’s national recovery plan despite rule of law concerns. Warsaw country could get € 23.9 billion in European Union grants and € 11.5 billion in loans over several years. Read the article.

European Parliament will not accept deal-making with rule of law violators. As reported by Laurent Pech, LIBE Committee President Juan F López Aguilar summoning Ursula von der Leyen following her decision to financially reward Poland. An urgent exchange of views on the rule of law is necessary. Read more.

The European Commission has accepted Poland’s Recovery Plan despite the fact that rule of law concerns have yet to be addressed in their entirety. Read the article.

EU Commission President Ursula von der Leyen visited Poland for the European Commission’s assessment of Poland’s national recovery and resilience plan yesterday. Watch the conference.

‘No money to Poland without rule of law’, said Ursula von der Leyen during her speech at the European Parliament’s plenary session. Despite dissent in the European Parliament, EU Commission President underlines that the disbursement of funds is conditional upon the reaching of the milestones. The Commission will continue to enforce CJEU ruling and apply penalty payments until Poland complies. Read more.

As reported by Jakub Jaraczewski, on Thursday 16 June, the European Court of Human Rights will hand out its crucial judgment in the case Żurek v. Poland. The case concerns a judge who was a member of National Council of Judiciary, the constitutional body in Poland. Waldemar Żurek, who has been removed from the NCJ before the end of his term, claims that there was no legal avenue to challenge his removal. Read more

Polish parliament passes bill to eliminate disciplinary chamber, rejecting opposition amendments - writes Notes from Poland. The lower house of Poland’s parliament has given final approval to a bill that would eliminate the disciplinary chamber for judges, one of the milestones required for unlocking EU funds. But the amendments added to the piece of legislation by the upper-house Senate has been rejected. Without these amendements, Poland may not meet the milestones agreed with the EU to unblock its funds. Read the article.

Polish President Duda has signed an amendment to the law on the Supreme Court that abolishes the contested Disciplinary Chamber for judges. This was a necessary condition for Poland to unlock the long-delayed billions in EU Covid recovery funds. The final shape of the presidential bill was decided by the Polish Parliament on Thursday. MPs rejected most of the amendments and certain elements were modified. The European Commission will assess whether the reform is in accordance with the rule of law milestones. Read the article.

Żurek v. Poland (no. 39650/18): The European Court of Human Rights (ECtHR) has established that Poland violated the right of access to a court (Art. 6 ECHR) and freedom of expression (Art.10 ECHR) of judge Waldemar Żurek. The case concerned his removal from the NCJ before his term had ended, and his complaint that there had been no legal avenue to contest the loss of his seat. It also concerned his allegation of acampaign to silence him. Read the judgment.

Jarosław Kaczyński, leader of Poland’s ruling nationalist Law and Justice party (PiS), has resigned from his post as deputy prime minister. Read more.

On 28 and 29 June, the European Court of Justice will be holding a hearing concerning the rule of law in Poland. The streaming will be available on 31 June and 1 July here.

Polish government has until tomorrow to fulfill the European Commission milestones. No recovery money should be transferred before the judiciary is independent again, affirms MEP Daniel Freund. Read more.

During a hearing of the European Parliament’s Special Committee on Foreign Interference in all Democratic Processes, European Commissioner Věra Jourová has affirmed that Poland has not reached the milestones for the recovery and resilience plan.

During the Czech Presidency of the Council of the European Union opening ceremony, Ursula von der Leyen has declared that the European Commission has not yet completed its assessment but she confirmed Věra Jourová’s statement: the new Polish law on the Supreme Court is not in line with RRF milestones. The Commission might not back down in the rule of law conflict as quickly as predicted. Read the article.

The European Court of Human Rights has decided to indicate an interim measure in the case Raczkowski v. Poland. The Court asked that the Polish Government ensure that the proceedings concerning the lifting of Mr Raczkowski’s, a military judge, judicial immunity comply with the requirements of a ‘fair trial’ as guaranteed by Article 6 § 1 of the European Convention on Human Rights, and that no decision be taken until the final determination of his complaints by the European Court. Read the interim measures.

The European Commission has issued a reasoned opinion in the infringement procedure against Poland for violations of EU law by the Contitutional Tribunal. Rule of law must be respected, affirms MEP Věra Jourová. Poland has now two months to take the necessary measures to comply with EU law, otherwise the Commission may refer the case to the Court of Justice. Read more.

According to Rule of Law in Poland, Poland has asked the General Court to annul the decision of the European Commission to deduct EU funds due to non-compliance with the Court of Justice of the European Union’s interim order (case T-314/22). Read more.

The European Court of Human Rights has given notice to the Government of Poland of 37 applications and requested that they submit their observations. The majority of the cases concern judicial decisions rendered by various chambers of the Supreme Court in civil or criminal cases, or regarding a disciplinary case involving a lawyer, or decisions by the National Council of the Judiciary (NCJ). It is alleged that the judicial formations dealing with the applicants’ cases were not ‘independent and impartial tribunals established by law’ since they included judges who had been appointed by the new NCJ. Read more.

As reported by Rule of law in Poland, six former Disciplinary Chamber judges have decided to retire and they will receive a monthly payment of around 4200 euros for, as underlined by Jakub Jaraczewski, ‘making judicial responsibility a reality, and not a mirage’. Read more

As reported by Jakub Jaraczewski, while Hungarian and Polish Recovery and Resilience Facilities are stuck, Slovakia gets the first payment with a view toward using it to improve the judiciary and prevent corruption. Read more.

President of the European Commission Ursula von der Leyen says the EU will only disburse billions of euros in frozen funds to Poland once it demonstrates that it has implemented the agreed reforms to its disciplinary regime for judges. Read the article here.

Polish president Andrzej Duda argues the EU should not be freezing money for Hungary due to Budapest’s abuse of rule of law because the country needs those funds to diversify away from Russian oil. Read the article

Rule of law crisis in Poland is breaking down the foundation of the EU legal order. A German court has referrered a request for a preliminary ruling to the CJEU. The national court asks the Luxemburg court to ascertain whether it is allowed not to recognise a judgment of its Polish counterpart. Read the request.

The European Commission has cut a further €42m from Poland’s EU funds to compensate for ECJ fines the government has refused to pay, reports Fakty RMF FM. Currently, Poland has already lost €111m in connection with the failure to comply with the judgment in the case of the Disciplinary Chamber. Read the article.

The new National Council of Judiciary selected in 2022 on the rules changed in 2017 has chosen a new president. Dagmara Pawełczyk-Woicka has been a president of Kraków Regional Court and has a reputation of violating the independence of judges in Krakow. Read the article.

On 28 and 29 June, the Grand Chamber of the CJEU is to hear 6 cases concerning the Rule of Law in Poland. All hearing will be live-streamed via the CJEU website. 28 June: Case C-204/21 - Commission v Poland (the Muzzle Law), Cases C-615/20 - YP and Others, and C-671/20 - M. M. (suspension of judge Igor Tuleya by the sham Disciplinary Chamber). 29 June: Cases C-181/21 - G, and C-269/21 - BC and DC.

MEP Sophie in ‘t Veld, member of the Renew Europe group, affirms rule of law in not up for negotiation and the EU Treaties need to be defended. Hungary and Poland have to comply with EU law.

Polish Parliament has approved a draft law envisaging the abolition of the disciplinary chamber for judges, one of the EU’s key demands to unlock billions in funds. Read the article.

Association of Polish Judges IUSTITIA reports Polish judges letter to the European Commission, the European Parliament, and the European Parliament’s LIBE Committee asking to restore the rule of law in Poland. Read the letter.

Polish rule of law defenders ask European Commission President Ursula von der Leyen not to give up on implementation of CJEU judgments on judicial independence in Poland. The recent initiative of the Polish Government and the Polish Parliament to replace the existing Disciplinary Chamber of the Supreme Court by another body does not meet the criteria established by European courts to re-establish the Rule of Law in Poland. Read the article.

Our approval of the Polish NextGenerationEU plan is a first step. The money will only be disbursed when the reforms and investments are in place. Implementing this plan will contribute to our common goal: a better future for the Polish people for Poland and for Europe.

In all NextGenerationEU plans, investments are linked to reforms. In the case of Poland, linked to clear commitments on the independence of the judiciary. These commitments, translated into milestones, must be fulfilled before any payment can be made.

Debate on the Polish Recovery Plan in the European Parliament.

🚨The rule of law and 🇵🇱 the Polish government’s recovery and resilience plan 🛑 #EPlenary has adopted the resolution calling on @EUCouncil to refrain from approving payments until all relevant prerequisites are met.

Find the text of the European Parliament’s resolution on the rule of law and the potential approval of the Polish national recovery plan here.

This Friday, EU governments will vote on the Polish recovery plan. They know that the Commission compromise won’t make the judiciary in Poland independent again. They must not approve it!”

In the next ten days, European governments have the chance to show how serious they are about the future of the EU: ➡️17.06: vote on Polish recovery plan ➡️23.06: decision/vote on Convention 🇧🇪🇲🇹🇩🇪🇮🇹🇵🇹🇪🇸🇱🇺🇫🇷🇸🇪🇩🇰🇫🇮🇱🇻🇱🇹🇪🇪🇵🇱🇨🇿🇭🇺🇭🇷🇸🇮🇸🇰🇦🇹🇨🇾🇳🇱🇮🇪🇧🇬🇷🇴🇬🇷, we are counting on you!

[email protected] #ECOFIN approves 🇵🇱 Poland’s Recovery Plan. Only 🇳🇱 the Netherlands abstained.🇳🇱🇧🇪🇸🇪🇩🇰 to issue a declaration urging the Commission for strict scrutiny of the reforms vis-a-vis milestones.

Anna Wójcik

Newshound Commentary for 06-01-2022

European Commission

Newshound Commentary for 06-01-2022

EU Law Professor Alberto Alemanno notes that the European Parliament is seriously split on the Rule of law question. Renew Europe group and Greens/EFA have the numbers to submit the motion of censure on the Commission but not to adopt it. The motion for censure may delay the adoption of the Council implementing decision on Poland’s Recovery and Resilience Plan. Read his thread.

In an open letter, Polish and international civil society organisations urge the European Commission to launch an action for infringement with respect to Poland’s sham National Council of the Judiciary. Read the letter.

In response to Ursula von der Leyen’s affirmation that ‘all recovery plans are linked to reforms’, MEP Thijs Reuten noted that Member State compliance with the Treaties, ECHR and CJEU judgments can not be considered as a reform. Read his thread.

‘The EU-UK relationship must be based on the full respect of our legally binding commitments’, affirms Maroš Šefčovič, European Commission Vice-President for Interinstitutional Relations & Foresigh, in a statement on the UK government’s decision to table a bill disapplying core elements of the Protocol on Ireland/Northern Ireland. Read his statement.

‘The European Commission is undercutting the European Court of Justice, by ignoring its rulings’, affirms MEP Sophie in ‘t Veld during her speech in the meeting of the EP Committee on Civil Liberties, Justice and Home Affairs. Read her thread

EU Law Professor Alberto Alemanno has described the European Commission’s opinion on EU membership application by Ukraine as a purely symbolic gesture considering that the country still needs to comply with the impose conditions. Read his thread.

European Commission President Ursula von der Leyen calls to end unanimity in EU foreign policy decisions. In the past, the EU has faced excruciating delays on major decisions because of the opposition of a single member country but today it must be able to respond faster to geopolical developments and to avoid political deadlocks in the European Council. Read the article.

Hungary has sent its response to the European Commission’s letter of conditionality on the rule of law yersterday and as noted by Hungarian journalist Katalin Halmai here, the Commission has now one month to decide whether to suspend or continue the procedure.

Commission Executive Vice-President Frans Timmermans states that the legislation prepared and voted in the Polish parliament does not comply with the milestones that they had set. Read the article.

Justin Spike has summarised and analysed an article by Péter Magyari on 444.hu. On Thursday 07 July, Viktor Orbán’s chief of staff said that Hungary had accepted 4 of the European Commission’s demands that must be fulfilled for it to receive around € 6 billion in recovery funds and € 9.5 billion in loans. Hungary regurarly refuses to comply with EU demands on inter alia rule of law issues but now seems to have changed tack. It’s clear that EU funds are needed to avoid an economic crisis in Hungary and the EU Parliament and Commission’s firm insistence that states comply with rule of law requirements before receiving money seems to be bearing fruit. Here his analysis.

Jakub Jaraczewski has noted that the 2022 European Commission’s rule of law reports for all 27 EU Member States will be released on Wednesday. This year’s edition comes with recommendations for Member States and follows a wide consultation process. Read his thread.

The European Commission is prepared to unlock the recovery funds billions for Hungary if four conditions are met, affirms the Hungarian government. This, if true, is devastating news for the rule of law, warns Kim Lane Scheppele. Read her article.

The European Commission published its 2022 Rule of law Report today. The report looks into four areas and, for the first time, it proposes recommendations to the member states. However, MEP Terry Reintke affirms that it lacks the ambition to set deadlines. Despite Ursula von der Leyen’s lip service about her committment to the rule of law, the report disappoints and falls short to exploit its full potential. Read more.

Our CEO Garvan Walshe was interviewed by Euronews about the rule of law report published yesterday by the European Commission and Poland and Hungary are once again in the spotlight. He said that in order to change the long-standing situation over rule of law concerns, money need to be withheld as an incentive to change. Read his interview.

The Hungarian Helsinki Committee recommends the European Commission to include new key milestones in the conditionality procedure to improve judicial independence and rule of law in Hungary. Read more.

MEP Sophie in ‘t Veld, member of the Renew Europe group, will organise an event to discuss on the rule of law crisis that is threatening the very fabric of the EU. Tommaso Pavone, assistant professor of the University of Arizona, R. Daniel Kelemen, Jean Monnet Chair in European Union Politics, and Jakub Jaraczewski, research coordinator at @DemocracyR working on @reconstitutEU will join the discussion as panelists. Márta Pardavi, Co-Chair of the Hungarian Helsinki Committee and Adrian Coman, petitioner in the landmark Coman case at the CJEU, will also be speaking. Join the event!

Today European Parliament plenary session on Commission’s 2021 Rule of law report with rapporteur MEP Terry Reintke. Opening statement by Commissioner Didier Reynders . Follow live

The European Commission has accepted Poland’s Recovery Plan despite the fact that rule of law concerns have yet to be addressed in their entirety. Read the article.

EU Commission President Ursula von der Leyen visited Poland for the European Commission’s assessment of Poland’s national recovery and resilience plan yesterday. Watch the conference.

MEP Sophie in ‘t Veld together with MEP Guy Verhofstadt and MEP Luis Garicano have launched a call to gather signatures for a motion of censure on the Commission after the latter’s positive assessment of Poland’s Recovery and Resilience Plan. Read the call for signatures and MEP Sophie in ‘t Veld’s Call for Accountability.

The European Commission has launched an infringement procedure against the United Kingdom for not complying with significant parts of the Protocol on Ireland/Northern Ireland and breaking international law. But considering the UK’s government unwillingness to engage in meaningful discussion and this week’s unilateral action, the Commision has decided to take the infringment action launched on the 15 March 2021 to its second stage by issuing a Reasoned Opinion. If the UK government does not reply within two months, the Commission will consider taking the UK to the Court of Justice of the European Union. Read more.

The European Commission has presented its recommendation to give Ukraine and Moldova candidate status for EU membership. On the other hand, Georgia might need to wait. Watch the press conference.

Case C-657/21: the European Parliament has withdrawn its action against the European Commission for failure to deployed the rule of law conditionality mechanism against Hungary, following the triggering of the tool. Read more.

Yesterday, EU leaders agreed to give EU candidate status to Ukraine and Moldova. The European Council is also ready to grant Georgia EU candidate status once the priorities laid down in the European Commission’s Opinion on Georgia’s membership application have been met. EU leaders have also discussed EU membership perspective of the Western Balkans, EU support to Ukraine and the global food security crisis. Read the conclusions here. Today, EU leaders will partecipate in the Euro Summit and economic issues will be discussed.

As reported by Hungarian journalist Katalin Halmai, Hungarian Minister of Chancellery Gergely Gulyás announced that the European Commission’s conditions for the adoption of the recovery plan have been accepted by the government in 4 areas: ✔️ Government will reduce the proportion of single-bidder tenders to below 15%. ✔️ The courts will decide whether to launch an investigation & prosecute alleged cases of fraud. ✔️ The authorities will provide enough time for public consultation before legislation is made. ✔️ Hungary should use a significant part of EU funds to achieve the highest possible level of energy independence. Read her thread.

The European Commission will publish the new rule of law reports tomorrow. In the meanwhile, Commissioner Didier Reynders has met Hungarian Minister of justice Judit Varga and has underlined the importance of complying with the European Court of Justice rulings. He also offered assistance with addressing already identified systemic rule of law challenges.

The European Commission has published the third edition of the Rule of Law Report, a preventive tool aiming to improve and safeguard the rule of law across the European Union. Read it here.

According to Euronews correspondent Jack Parrock, the European Commission has referred Hungary to the Court of Justice of the European Union over two cases concerning freedom of speech: the anti-LGBT ‘Children Protection Act’ and the closure of the Kubradio station, considered one of the few remaining opposition media outlets in the country. Read more.

As reported by Alatszo, the Hungarian government has already started distributing the funds that have not yet been received. In fact, Viktor Orbán’s childhood friend’s company would benefit from the EU Recovery Funds. Read more.

According to the Hungarian Journalist Katalin Halmai, the European Commission has sent another letter to Hungary under the rule of law conditionality procedure. It informs Hungary that the government’s replies to its concerns so far are not satisfactory and proposes financial measures. Read more.

Today, the European Commission has launched four new infringement procedures against the United Kingdom for not complying with significant parts of the Protocol on Ireland / Northern Ireland. Read more

On behalf of the Hungarian Government, Deputy Prime Minister Semjén submitted two bills to Parliament that allegedly have been prepared ‘in the interest of reaching an agreement with the European Commission’. Read more.

MEP Terry Reintke, Vice-President of @GreensEFA in the European Parliament, will presents her report on the Rule of Law assessment of the European Commission tomorrow.

MEP Sophie in ‘t Veld, member of the Renew Europe group, affirms rule of law in not up for negotiation and the EU Treaties need to be defended. Hungary and Poland have to comply with EU law.

This Friday, EU governments will vote on the Polish recovery plan. They know that the Commission compromise won’t make the judiciary in Poland independent again. They must not approve it!”

European Council

Newshound Commentary for 06-01-2022

EU sanctions on Russian oil ‘not enough’, affirms Ihor Zhovkva, Ukraine deputy head of President Volodymyr Zelensky’s office. EU countries have been struggling to agree on the sixth package of sanctions against Russia for almost a month. The outcome of the latest EU Council meeting has been described as ‘far too slow, far too late and definitely not enough’ by Ukraine official.

As noted by Dr. Ilke Toygür, on 23 e 24 June 2022, the European Council will discuss the revision of Treaties and the enlargement of the European Union. Leaders will be asked to decide whether to grant Ukraine, Republic of Moldova and Georgia candidate status.

As reported by Hungarian journalist Katalin Halmai, the Czech Presidency of the Council of the European Union is planning to organise a hearing about the situation of the Rule of law in Hungary in October under the Article 7 procedure. A hearing about the situation in Poland is not on the agenda. Read her tweet.

MEP Daniel Freund has written a letter to European Council President Charles Michel asking to exclude Viktor Orbán from the European Council until democracy is restored in Hungary. In his response, Michel affirms that the composition of the European Council is defined by the Treaty of the European Union (TEU) and it may not be changed where such a change is not provided for by the Treaties. However, as noted by EU law professor Alberto Alemanno, Article 7(3) TEU as well as Article 50 TEU may lead to exclusion. Read more.

Hungarian Prime Minister Viktor Orbán finally dropped his veto on Russian oil ban after a compromise was reached exempting imports by pipeline, leaving Hungary completely unaffected. Watch Orbán’s video declaring victory and read journalist Dave Keating’s analysis on EU Council meeting.

The European Parliament voted to call for a Convention to revise the EU’s governing Treaties. Proposed revisions are likely to include measures to strengthen the rule of law. The Council now has to decide whether it agrees with the Parliament’s call for a Convention.

On 23-24 June, European leaders will meet for a European Council meeting in Brussels. They will discuss the Wider Europe, the latest developments in relation to Russia’s war against Ukraine, the membership applications from Ukraine, the Republic of Moldova and Georgia, the economic situation, the Conference on the Future of Europe and external relations.

Today, EU leaders are gathering in Brussels for a European Council meeting. They will discuss the latest developments in relation to Russia’s war against Ukraine and will also consider economic, military, political and humanitarian support to Ukraine. President of the European Council, Charles Michel, will invite leaders to grant candidate status to Ukraine and Moldova. Leaders will hold a strategic debate on how to reinforce EU’s relations with its European partners, including on how to foster political dialogue and strengthen the security, stability and prosperity of the European continent. Read the agenda.

Rule of law in Hungary: the European Council held a hearing on the values of the Union in Hungary (Article 7(1) TEU procedure). The heaering focused on the independence of the judiciary, the functioning of the constitutional and electoral system, freedom of expression and the fight against corruption. Read more.

EU Council President Charles Michel scheduled a special Council meeting to discuss the latest developments in relation to Russia’s aggression against Ukraine, EU security and defence, progress in phasing out the EU’s dependency on Russian fossil fuel, oil and coal imports, and food security, including international coordination and how to ensure a comprehensive global approach. Read the background brief and watch the live streaming.

After a month-long stalemate on the sixth sanctions package, EU leaders have reached an agreement on Russian oil embargo. Hungary, Slovakia and the Czech Republic have been granted extra time to decrease dependece on Russian crude oil. Read the article.

We will defend the democratic rights of Polish citizens! We have serious doubts that the measures are sufficient. Any deal must ensure that Poland is compliant with EU standards & EU Court of Justice rulings Von der Leyen must come to EU Parliament next week & clarify the full details!

For the 4th time since 2018, 🇪🇺 ministers will discuss the #RuleOfLaw situation in Hungary. This is a necessary step, but as long as @EUCouncil does not take action, the #RuleOfLaw crisis will continue spreading.

I welcome the #EUCO agreement tonight on oil sanctions against Russia. This will effectively cut around 90% of oil imports from Russia to the EU by the end of the year.

Thu Nguyen

Newshound Commentary for 06-01-2022

Ukraine

Newshound Commentary for 06-01-2022

France, Germany, Italy, and Romania are all in favour of Ukraine receiving immediate official status of an EU candidate. During their visit to Kyiv, leaders of the four EU countries have shown their support for Ukraine in its path to EU membership. Read the article

The European Commission has presented its recommendation to give Ukraine and Moldova candidate status for EU membership. On the other hand, Georgia might need to wait. Watch the press conference.

Finally An important symbol of EU support for Ukraine. Scholz 🇩🇪Macron 🇫🇷, Zelensky🇺🇦, Draghi 🇮🇹, Iohannis 🇷🇴

YEEESSS 💪🏼🇺🇦✨🇪🇺 Overwhelming majority for support of granting candidate status to Ukraine in the European Parliament today.#StandWithUkraine

EU Observer

Newshound Commentary for 06-01-2022

Rule of law in Poland

Newshound Commentary for 06-02-2022

Monika Frąckowiak, judge of the District Court in Poznań and board member of MEDEL, affirms that never before have the judges in Europe been so unified and united. Read the article.

Jakub Jaraczewski

Newshound Commentary for 06-02-2022

As noted by Jakub Jaraczewski, research coordinator at Democracy Reporting International, and Hungarian journalist Katalin Halmai, Hungary is the only member state against which the European Union has used its full range of instruments to enforce respect for the rule of law. Read more.

During MEP Sophie in ‘t Veld event yesterday, Jakub Jaraczewski, research coordinator at Democracy Reporting International, elaborated his point on rule of law tools. The EU needs to focus on tools that work, tools that come with possible financial sanctions. Read the thread

Declaration of state of emergency in Hungary allows Viktor Orbán to rule by decree. This was made possibile due to another change in Hungarian constitution: ‘state of danger’ includes now also ‘wars and conflicts in nearby countries’. Read Jakub Jaraczewski thread

On Friday 24 June, conversations between rule of law heroes at the University of Groningen. Read more and register here.

Re:constitution conference ‘Distance and Convergence: re:constituting Democracy and the Rule of Law in Europe’ will take place on 8-9 September in Berlin. The president of the Court of Justice of the European Union, Koen Lenaerts, will be the keynote speaker of the event. Márta Pardavi, Michael Meyer-Resende and Dimitry Kochenov will join the panel. Registration will open soon! Read more.

Rule of law

Newshound Commentary for 06-02-2022

Covering Up and Rewarding the Destruction of the Rule of Law One Milestone at a Time – Professor Laurent Pech analyses how Ursula von der Leyen’s decision to approve Poland’s recovery and resilience plan despite its continuous violations of the Court of Justice’s rulings makes the European Commission complicit in the attacks against the rule of law. Read the article.

Our rule of law conference organised by John Morijn took place this afternoon. Women on the frontlines, judicial independence and rule of law have been discussed by the participants, including dr. Adam Bodnar, professor Wojciech Sadurski, Akudo Kyoshia McGee Osuagwu, Léonie de Jonge, Márta Pardavi, MEP Sophie in ‘t Veld and Petra Bárd.

On 28 and 29 June, the European Court of Justice held a hearing concerning the rule of law in Poland. The streaming is now available here.

Professor John Morijn argues that the EU institutions have developed many political and policy tools meant to ensure that Member States comply with rule of law standard but they are not even trying to use them in the case of the Hungarian rule of law. The so-called Article 7 procedure, the European Commission’s Annual Rule of Law Report and the Council of Minister’s rule of law dialogue do not work when confronting illiberal governments. Read the article.

By the end of this year, EU will cut funds to Hungary because of rule of law violations. But how much? Tomorrow at 10h30am MEP Daniel Freund will present the results of his questions to R. Daniel Kelemen, Kim Lane Scheppele and John Morijn. Access the results.

By the end of this year, the EU will cut funds to Hungary because of rule of law violations. But how much? MEP Daniel Freund has presented a legal analysis carried out by R. Daniel Kelemen, Kim Lane Scheppele and John Morijn of why a 100% suspension is ‘proportionate’ and ‘appropriate’ under Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget. Read it here.

The draft of the UK Bill of Rights is part of a broader trend emerging in UK policies to unilaterally amend (or even avoid) international law commitments. Giulia Gentile has written an article for Verfassungsblog on the impacts for individuals, the rule of law and the UK’s international standing. Read it here.

As reported by MEP Daniel Freund, the measures proposed by the Hungarian government do not eliminate the concerns notified by the Commission. The rule of law mechanism will, thus, continue against Hungary and billions of euros will remain frozen. Read more.

Ahead of the Council’s fourth Article7 hearing about Hungary on 23 May, the Hungarian Helsinki Committee takes stock of further backsliding on Rule of law, democracy and Fundamental Rights since the last hearing in June 2021, proposing recommendations to remedy these issues. Read the note.

The European Commission needs to fulfil its duty as the guardian of the Treaties, said MEP Terry Reintke during her speech. Read the main points of the report

During the General Affairs Cuncil on 23 May 2022 in Brussels, Mikuláš Bek, Minister for European Affairs of Czechia, has underlined his optimism regarding rule of law in Hungary. Watch the press conference

Monika Frąckowiak, judge of the District Court in Poznań and board member of MEDEL, affirms that never before have the judges in Europe been so unified and united. Read the article.

Hungary: Purported “emergency” must not be used as a pretext for further attacks on the rule of law. The ICJ condemns the declaration of yet another state of emergency by the government of Hungary Read the article.

On Friday 24 June, conversations between rule of law heroes at the University of Groningen. Read more and register here.

Recharging Advocacy for Rights in Europe (RARE)’s next cycle runs from October 2022 to June 2024. RARE is co-organised by partners from academia and civil society: the Hertie School, the Hungarian Helsinki Committee, the Netherlands Helsinki Committee and the Helsinki Foundation for Human Rights in Poland. It is an exceptional opportunity for human rights defenders and civic space advocates from across the EU to meet, learn and strategise together. Apply by 24 July 2022 to join the group and take action together for civic space and the rule of law in Europe.

Professor Laurent Pech will give the opening speech of LUISS Guido Carli summer programme ‘Parliamentary Democracy in Europe’. His lecture will focus on rule of law principles in the EU and the question of transparency. The event’s aim is to bring together an interdisciplinary group of renowned international scholars, in particular in the fields of constitutional and EU law and in political science, to untangle problematic knots as transparency, accountability and secrecy issues. Read more about the event.

Only 3 days left to apply! Recharging Advocacy for Rights in Europe (RARE)’s next cycle runs from October 2022 to June 2024. RARE is co-organised by partners from academia and civil society: the Hertie School, the Hungarian Helsinki Committee, the Netherlands Helsinki Committee and the Helsinki Foundation for Human Rights in Poland. It is an exceptional opportunity for human rights defenders and civic space advocates from across the EU to meet, learn and strategise together. Apply by 24 July 2022 to join the group and take action together for civic space and the rule of law in Europe.

Two additional weeks to apply for Recharging Advocacy for Rights in Europe (RARE) from October 2022 to June 2024. RARE is co-organised by partners from academia and civil society: the Hertie School, the Hungarian Helsinki Committee, the Netherlands Helsinki Committee and the Helsinki Foundation for Human Rights in Poland. It is an exceptional opportunity for human rights defenders and civic space advocates from across the EU to meet, learn and strategise together. Apply by 5 August 2022 to join the group and take action together for civic space and the rule of law in Europe.

The Recharging Advocacy for Rights in Europe (RARE) application deadline has been extended to 5 August. RARE is co-organised by partners from academia and civil society: the Hertie School, the Hungarian Helsinki Committee, the Netherlands Helsinki Committee and the Helsinki Foundation for Human Rights in Poland. It is an exceptional opportunity for human rights defenders and civic space advocates from across the EU to meet, learn and strategise together. Apply to join the group and take action together for civic space and the rule of law in Europe.

Today European Parliament plenary session on Commission’s 2021 Rule of law report with rapporteur MEP Terry Reintke. Opening statement by Commissioner Didier Reynders . Follow live

On Friday 24 June, the Our Rule of Law team will host open panel conversations with academics, civil society leaders, and judges from across Europe and beyond working to protect liberal democracy at the University of Groningen. Panelists include Márta Pardavi (co-chair, Hungarian Helsinki Committee), MEP Sophie in t’Veld, Jakub Jaraczewski (Research coordinator, Democracy Reporting International) and many other. Read more and register here.

Today Filipe César Marques, president of the European Magistrates for Democracy and Freedoms MEDEL, will take a speech at the Conference of Parliamentary Committees for Union Affairs COSAC. During the event, issues such as respect for Rule of law and independence of the Judiciary, and the need to uphold and protect them in all occasions, will be addressed. Read more about the event.

Today press conference by Chair of delegation MEP Sophie in ‘t Veld. Read more about the event.. You can follow the streaming via Facebook.

The European Commission has accepted Poland’s Recovery Plan despite the fact that rule of law concerns have yet to be addressed in their entirety. Read the article.

EU Commission President Ursula von der Leyen visited Poland for the European Commission’s assessment of Poland’s national recovery and resilience plan yesterday. Watch the conference.

On 28 and 29 June, the European Court of Justice will be holding a hearing concerning the rule of law in Poland. The streaming will be available on 31 June and 1 July here.

The Hungarian Government has sent its response to the European Commission’s letter of conditionality on the rule of law in the nick of time. Hungarian Minister of Justice Judit Varga insists Hungary is ready for discussion and agreement. Read more.

Today the Czech Presidency of the Council of the European Union begins. Among the priorities, the Czech Presidency will focus on strenghtening the resilience of institutions that have a major influence on maintaining and developing values of democracy and the rule of law in the European Union. Read more.

The European Commission has published the third edition of the Rule of Law Report, a preventive tool aiming to improve and safeguard the rule of law across the European Union. Read it here.

MEP Gwendoline Delbos-Corfield’s report on the rule of law situation in Hungary was adopted by European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE) today. The LIBE Committee condemns the ‘deliberate and systematic efforts of the Hungarian government’ to undermine European values as enshrined in Article 2 TEU, a situation that has worsened substantially since Parliament triggered the Article 7 procedure in 2018 Read more.

During an apocalyptic speech, Hungarian Prime Minister Viktor Orbán sparks outrage with attack on ‘race mixing’ in Europe affirming that countries where races mingle are ‘no longer nations’. Orbán’s battle with European institutions seems likely to intensify further after this affirmations. The EU has frozen several billion euros of recovery funds earmarked for Hungary over corruption and rule-of-law concerns and Orbán’s harsh speech may be a sign that the Hungarian government has given up on receiving the funds. Read more.

MEP Terry Reintke, Vice-President of @GreensEFA in the European Parliament, will presents her report on the Rule of Law assessment of the European Commission tomorrow.

MEP Terry Reintke’s rule of law report has been adopted with a broad majority: 429 in favour, 131 against, 34 abstensions.

MEP Anna Júlia Donáth, member of the Renew Europe group, affirms that EU funds should be withdrawn from the government, but not from the Hungarian society which does not deserve to be punished. Read the thread for her proposals.

MEP Sophie in ‘t Veld, member of the Renew Europe group, affirms rule of law in not up for negotiation and the EU Treaties need to be defended. Hungary and Poland have to comply with EU law.

Rights we had taken for granted can be taken away from us again. We have to fight that our daughters and granddaughters will not have less rights than we have. For that we have to defend rule of law and fundamental rights. Before it is too late. #RuleOfLaw

Here an excerpt of Terry Reintke speech as rapporteur of the annual rule of law report.

The Council will hold its fourth Article7 hearing about Hungary on 23 May, aimed to determine whether there is a clear risk of a serious breach of EU values in the country. Ahead of the hearing, see our short visual recap about how rule of law has been undermined in Hungary:

Verfassungsblog

Newshound Commentary for 06-02-2022

Ursula von der Leyen

Newshound Commentary for 06-03-2022

‘The Commission will urge EU candidate status for war-ravaged Ukraine’. During Ursula von der Leyen’s visit to Kyiv, she discussed Ukraine’s membership bid with President Volodymyr Zelenskyy. Recognizing Ukraine as a candidate country ultimately requires the unanimous approval of the 27 EU leaders on the European Council, who are expected to take up the question at a summit meeting next week. Candidate status, if granted, is just the start of a far longer process. Read the article.

EU Commission President Ursula von der Leyen visited Poland for the European Commission’s assessment of Poland’s national recovery and resilience plan yesterday. Watch the conference.

The European Commission has presented its recommendation to give Ukraine and Moldova candidate status for EU membership. On the other hand, Georgia might need to wait. Watch the press conference.

MEP Sophie in ‘t Veld, member of the Renew Europe group, affirms rule of law in not up for negotiation and the EU Treaties need to be defended. Hungary and Poland have to comply with EU law.

Debate on the Polish Recovery Plan in the European Parliament.

I welcome the #EUCO agreement tonight on oil sanctions against Russia. This will effectively cut around 90% of oil imports from Russia to the EU by the end of the year.

Mateusz Morawiecki

Newshound Commentary for 06-03-2022

EU Commission President Ursula von der Leyen visited Poland for the European Commission’s assessment of Poland’s national recovery and resilience plan yesterday. Watch the conference.

Andrzej Duda

Newshound Commentary for 06-03-2022

EU Commission President Ursula von der Leyen visited Poland for the European Commission’s assessment of Poland’s national recovery and resilience plan yesterday. Watch the conference.

Wyborcza in English

Newshound Commentary for 06-03-2022

Hungary

Newshound Commentary for 06-03-2022

Daniel Hegedus, International Relations and Policy Analyst, shares his perspective on Orbán’s blockade to exclude Patriarch Kirill from the EU’s sixth sanction package. This move hurts Orbán credibility as a negotiator in the European Council and damages Polish-Hungarian bilateral relations. Furthermore, Hegedus depicts Orbán as a ‘Trojan Horse’ or even as Russia’s puppet noting that Hungary has no national interest in protecting Kirill. Read his thread.

Szabolcs Panyi, investigative journalist at direkt36 has lead an investigation showing that Hungary’s Ministry of Foreign Affairs instructed Hungarian diplomats delegated to EU member states to monitor the activity of Hungarian journalists operating in EU and foreign journalists working in Hungary. Read the investigation.

Our CEO Garvan Walshe was interviewed by Hungarian independent news site 24.hu at the Unhack Democracy Conference. He said Hungary’s system was unfair, but a well-organised opposition could still remove Orban next time. Read the article

Kim lane Scheppelle’s article explaining how Viktor Orbán won the April 2022 election is out in the Journal of Democracy. Throughout the article, she deep dives on how Orbán and Fidesz have been able to consolidate power and throttle democracy since 2010.

Viktor Orbán’s shocking speech outraged Europe. Yet it is not the first time that the Hungarian prime minister abandons himself to unacceptable declarations. Political Analyst András Tóth-Czifra has highlighted various of Orbán’s statements that are certainly far from the values of the European Union. Read his thread.

Viktor Orbán’s speech arose protests within the European Union. Zsuzsa Hegedüs, one of Orbán’s longest-serving advisers, has resigned in protest at “a pure Nazi speech”. Read more

‘Orbán’s culture wars divert, disturb — and evade serious repercussions’, writes Politico. The Hungarian prime minister is sparking global outrage with his latest broadside against immigration. Adding to the situation is a longer-term spat between the EU and Hungary. The European Commission in April took the historic step of triggering a new mechanism that could deprive Hungary of regular EU funds over rule-of-law violations. Read more.

The path to power is to ‘have your own media’, Viktor Orbán, Prime Minister of Hungary, tells Conservative Political Action Conference (CPAC). In Hungary, the prime minister and his allies have effective control of most media outlets in Hungary, including state TV. Read the article.

Viktor Orbán, Prime Minister of Hungary, declares state of emergency over crisis caused by Ukraine war. Measures to be adopted will be announced on Wednesday. After a lost-fight against Brussels for the release of post pandemic recovery funds, this allows government to bypass Parliament, as in pandemic. He pushed through a constitutional amendment allowing his government to rule by decree in situations including when war breaks out in a neighboring state. Read the article.

Orbán government obliges banks, energy companies, airlines and large private companies to pay most part of their extra profits into government funds in order to fight energy crisis and to strengthen the Hungarian army, avoiding raising taxes for families. Read the article.

The Bank of Viktor Orbán - Orbán has long been convinced that economic influence must underpin political power to make his regime enduring. In fact, in his three terms in office since 2010 Orbán created a nearly unbeatable political machine. The Bankholding will help him consolidate his oligarchic regime, a resilient local economic and social elite. Read the Financial Times article and an accurate thread written by the Hungarian journalist Katalin Halmai.

According to AFP News Agency, EU struggles to break deadlock on Russian oil ban before summit. The latest round of proposed sanctions by the EU has been blocked by Hungary that is dependent for 65 per cent of its oil needs on Russian crude supplied via the Druzhba pipeline. Read more.

Hungarian Prime Minister Viktor Orbán refused to vote on EU sanctions against Patriarch Kirill, the head of Russia’s Orthodox Church. Read the article.

Edit Zgut will join the presidential board of Amnesty Hungary! Read her announcement.

This week, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) will vote on the proposal for a Council decision on the existence of a clear risk of a serious breach of EU values by Hungary. Read the agenda.

MEP Sergey Lagodinsky notes that the European Commission will bring Hungary before the Court of Justice of the European Union because it failed to change course on the repulsive law forcing a disclaimer on LGBTQI content in children’s books as well as the closure of the last remaining independent radio. Read more.

According to Hungarian Journalist Katalin Halmai, Hungary has decided to revive an anti-corruption body that was abolished years ago in order to comply with the conditions of the European Commission in the ongoing negotiations about the Hungarian Recovery Plan. Read more.

According to MEP Katalin Cseh, vicepresident of Renew Europe, the Fidesz majority in the Hungarian National Assemby has just passed a resolution calling to dismantle the European Parliament. Read more.

MEP Guy Verhofstadt has called on Europan Parliament President Roberta Metsola to organise an extraordinary meeting of the European Parliament. Following Viktor Orbán’s comments, MEPs are asking to apply Article 7. Read more.

MEP Sophie in ‘t Veld, member of the Renew Europe group, affirms rule of law in not up for negotiation and the EU Treaties need to be defended. Hungary and Poland have to comply with EU law.

Daniel Hegedus

Newshound Commentary for 06-03-2022

Alberto Alemanno

Newshound Commentary for 06-07-2022

According to EU law professor Alberto Alemanno, the outcome of the French parliamentary elections has consequences for both France and Europe’s future. What are the options open to Emmanuel Macron? Read his thread.

European Court of Justice

Newshound Commentary for 06-08-2022

On 28 and 29 June, the European Court of Justice held a hearing concerning the rule of law in Poland. The streaming is now available here.

On 28 and 29 June, the European Court of Justice will be holding a hearing concerning the rule of law in Poland. The streaming will be available on 31 June and 1 July here.

Thijs Reuten

Newshound Commentary for 06-08-2022

European Court of Human Rights

Newshound Commentary for 06-08-2022

Poland’s rule of law breakdown: the European Court of Human Rights (ECtHR) has communicated 16 new complaints to Poland, affirms Professor Laurent Pech. Read more.

Just days after the urgent interim measure of the European Court of Human Rights (ECtHR) to stop the deportation of asylum seekers from Britain to Rwanda, the UK government is to set out a bill to reduce the power of the ECtHR on the UK. The bill will make clear that the UK Supreme Court is the ultimate judicial decision-maker on human rights issues and that the case law of the European Court of Human Rights does not always need to be followed by UK courts. Read more.

The UK Government proposes to repeal the Human Rights Act 1998 and replace it with a Bill of Rights. Professor Mark Elliot analyses the key changes that the Bill will introduce, the aspects that will remain unaffected, and the implications of the Bill in terms of human rights protection in the UK. Read his article.

Russian Parliament votes to break with European Court of Human Rights. The lower house of the Russian Parliament has approved two bills: the first bill removes Russia from the ECtHR’s jurisdiction and the second bill sets March 15 as the cut-off point. This means that ECtHR rulings against Russia made after that date will not be implemented. Read more.

The European Court of Human Rights (ECtHR) has granted an urgent interim measure to stop deportation in case concerning asylum-seeker’s imminent removal from the UK to Rwanda. In April 2022, the UK entered into an agreement with Rwanda which stipulates that asylum seekers who have entered the UK territory illegally are transferred to Rwanda where their asylum claims will be processed. K.N., an Iraqi national, claimed asylum in the UK on 17 May 2022. The UK authorities deemed his asylum claim to be inadmissible and ordered his relocation to Rwanda on 14 June 2022. The ECtHR has indicated the UK Government not to remove the applicant until three weeks after the delivery of the final domestic decision in his ongoing judicial review proceedings. Read more.

Today, the European Court of Human Rights (ECtHR) has handed down its judgment the M.D. and Others v. Spain case today. The ECtHR has held that Spain has violated Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned the compiling of files by the police in Catalonia on judges who had expressed certain views on that region’s independence from Spain. Material from the files, including photographs, had been subsequently leaked to the press. Read the decision of the Court. Read the decision of the Court.

Politico

Newshound Commentary for 06-08-2022

On Monday, UK Conservative Party’s MPs voted on whether they want Boris Johnson to remain the Party’s leader. 41 percent of the Conservative Party’s MPs refused to support him. Senior figures throughout the UK Parliament expect Boris Johnson to resign within months but it will be almost impossible to persuade the Prime Minister to do so. Read more.

UK bill to switch off Northern Ireland Brexit rules clears first hurdle, writes Politico. MPs voted 295 to 221 in favor of the Northern Ireland Protocol Bill and the law will now proceed at the committee stage. But the plan, already labeled illegal by the European Union, has also been criticised by former Conservative Prime Minister Theresa May, who noted that the bill is in violation of international law that it would harm UK credibility. Read more.

The European Commission has accepted Poland’s Recovery Plan despite the fact that rule of law concerns have yet to be addressed in their entirety. Read the article.

UK

Newshound Commentary for 06-08-2022

United Kingdom: backsliding on Human Rights must be prevented. Read Council of Europe Commissioner for Human Rights Dunja Mijatović’s preliminary conclusions at the end of a 5-day visit to the UK focusing on the system for human rights protection, the situation in Northern Ireland, and Children’s rights. The proposed repeal and replacement of the Human Rights Act with a Bill of Rights, if voted through, will affect the human rights of everyone in the UK. Read more.

Conservative Party Chairman Oliver Dowden resigned after the party’s crashing double by-election loss in a single night: the liberal democrats took Tiverton and Honiton and the Labour retook the seat of Wakefield. Read his resignation letter to the Prime Minister.

You can’t unilaterally amend an international treaty by changing domestic law. If you could there’d be no point in having treaties. It get to the heart of the difference between two ideas of Brexit.

The U.K. govt will present a bill to give U.K. ministers powers to override the Northern Ireland protocol. The EU considers this a breach of the Brexit Trade and Cooperation Agreement of which the Protocol is part.

Boris Johnson

Newshound Commentary for 06-08-2022

Ilke Toygür

Newshound Commentary for 06-10-2022

European Union

Newshound Commentary for 06-10-2022

Finally An important symbol of EU support for Ukraine. Scholz 🇩🇪Macron 🇫🇷, Zelensky🇺🇦, Draghi 🇮🇹, Iohannis 🇷🇴

Szabolcs Panyi

Newshound Commentary for 06-10-2022

Notes from Poland

Newshound Commentary for 06-13-2022

Poland Prime Minister has welcomed the EU’s decision to ban most Russian oil imports. Read more.

Polish Parliament has approved a draft law envisaging the abolition of the disciplinary chamber for judges, one of the EU’s key demands to unlock billions in funds. Read the article.

Maroš Šefčovič

Newshound Commentary for 06-14-2022

Northern Ireland.

Newshound Commentary for 06-14-2022

Politico Europe

Newshound Commentary for 06-14-2022

Volodymyr Zelenskyy

Newshound Commentary for 06-14-2022

Sophie in 't Veld

Newshound Commentary for 06-15-2022

The European Committee of Justice delegation to Malta at its first meeting: NGO representatives at the EP Liaison Office in Valletta. The aim of the visit -organised upon the recommendation of the Monitoring Group on Democracy, Rule of Law and Fundamental Rights (DRFMG) is to take stock of the latest developments as regards the rule of law, recent judicial reforms, safety of journalists, anti-corruption measures, and citizenship and residence by investment schemes. The delegation comprises MEP Vladimír Bilčík, MEP Franco Roberti, MEP Sophie in ‘t Veld, MEP Gwendoline Delbos-Corfield, MEP Nicolaus Fest and MEP Konstantinos Arvanitis. Read more about the event.

Today press conference by Chair of delegation MEP Sophie in ‘t Veld. Read more about the event.. You can follow the streaming via Facebook.

MEP Sophie in ‘t Veld, member of the Renew Europe group, affirms rule of law in not up for negotiation and the EU Treaties need to be defended. Hungary and Poland have to comply with EU law.

EP Committee on Civil Liberties

Justice and Home Affairs

Euractiv

Newshound Commentary for 06-17-2022

Germany

Newshound Commentary for 06-17-2022

Italy

Newshound Commentary for 06-17-2022

France

Newshound Commentary for 06-17-2022

Emmanuel Macron has lost his parliamentary majority. His centrist alliance Ensemble has won only 245 seats. Mélenchon’s left-wing alliance NUPES has secured 131 seats and will now replace the centre-right Repubicans as the main parliamentary opposition. Marine Le Pen’s Rassemblement National has won 89 seats, a historic record against the eight it won in 2017. As affirmed by Sophie Pornschlegel, Connecting Europe Project Leader and European Policy Centre Policy Analyst, the next months will be challenging on the rule of law because of France’s lack of political culture on compromises. Read more.

Emmanuel Macron

Newshound Commentary for 06-20-2022

Laurent Pech

Newshound Commentary for 06-21-2022

Poland’s rule of law breakdown: the European Court of Human Rights (ECtHR) has communicated 16 new complaints to Poland, affirms Professor Laurent Pech. Read more.

Professor Laurent Pech has shared letters from 5 Commissioners addressed to Ursula von der Leyen in relation to the Polish recovery and resiliance plan. Read the letters.

On Friday 24 June, conversations between rule of law heroes at the University of Groningen. Read more and register here.

Joshua Rozenberg

Newshound Commentary for 06-22-2022

Mark Elliot

Newshound Commentary for 06-23-2022

European Convention of Human Rights

Newshound Commentary for 06-23-2022

Wojciech Sadurski

Newshound Commentary for 06-24-2022

On Friday 24 June, conversations between rule of law heroes at the University of Groningen. Read more and register here.

On Friday 24 June, Wojciech Sadurski, Challis Professor in Jurisprudence at the University of Sydney and Professor in the Centre for Europe in the University of Warsaw, will give a speech to young law students at the University of Groningen. The event will host open panel conversations with academics, civil society leaders, and judges from across Europe and beyond working to protect liberal democracy. Read more about his participation.

Márta Pardavi

Newshound Commentary for 06-24-2022

On Friday 24 June, conversations between rule of law heroes at the University of Groningen. Read more and register here.

Márta Pardavi, co-chair at Hungary Helsinki Committee, will give a speech to young law students at the University of Groningen. Read more about the event.

Petra Bárd

Newshound Commentary for 06-24-2022

Northern Ireland Protocol Bill

Newshound Commentary for 06-28-2022

Theresa May

Newshound Commentary for 06-28-2022

Jaras Gwizdak

Newshound Commentary for 06-29-2022

Katalin Halmai

Newshound Commentary for 06-29-2022

Věra Jourová

Newshound Commentary for 07-01-2022

Urula von der Leyen

Newshound Commentary for 07-01-2022

Professor Laurent Pech has shared letters from 5 Commissioners addressed to Ursula von der Leyen in relation to the Polish recovery and resiliance plan. Read the letters.

Garvan Walshe

Newshound Commentary for 07-01-2022

24.hu

Newshound Commentary for 07-01-2022

Viktor Orbán

Newshound Commentary for 07-01-2022

Viktor Orbán’s speech arose protests within the European Union. Zsuzsa Hegedüs, one of Orbán’s longest-serving advisers, has resigned in protest at “a pure Nazi speech”. Read more

The Guardian

Newshound Commentary for 07-04-2022

Commission Executive Vice-President Frans Timmermans states that the legislation prepared and voted in the Polish parliament does not comply with the milestones that they had set. Read the article.

Frans Timmermans

Newshound Commentary for 07-04-2022

Commission Executive Vice-President Frans Timmermans states that the legislation prepared and voted in the Polish parliament does not comply with the milestones that they had set. Read the article.

Telex

Newshound Commentary for 07-04-2022

John Morijn

Newshound Commentary for 07-04-2022

Commissioner for Human Rights