Neueste Heute 27.04.2024 26.04.2024
The CJEU Has Spoken Out, But the Show Must Go On
02.08.2018, 13:25 Uhr. Verfassungsblog - https: - In a nutshell, I argue that despite several conceptual problems in CJEU’s understanding of judicial independence, it showed a healthy dose of judicial statesmanship in Celmer. As neither the preliminary reference procedure nor the fundamental right to the fair trial are good “vehicles” for addressing the Polish structural judicial reforms, there...
Drawing Red Lines With No (Significant) Bite – Why an Individual Test Is Not Appropriate in the LM Case
30.07.2018, 10:13 Uhr. Verfassungsblog - https: - It can be argued that the individual assessment required by the Aranyosi judgment is not the proper test in the LM case due to three reasons. Firstly, regular control reverses the logic of the mutual trust developed by the CJEU. Secondly, there is a substantial difference between fundamental rights and the independence of judiciary. Infringements of...
The CJEU in the Celmer case: One Step Forward, Two Steps Back for Upholding the Rule of Law Within the EU
29.07.2018, 08:43 Uhr. Verfassungsblog - https: - Surrender cases are litmus tests for the EU’s approach towards the enforcement of the rule of law in the Member States. Without judicial independence and other elements of the rule of law concept, EU law will cease to be operational, whether in the context of the single market or outside of it. Aranyosi and LM are the beginning of a long journey....
We Still Haven’t Found What We’re Looking For
27.07.2018, 14:02 Uhr. Verfassungsblog - https: - The diagnosis is grim. So, the CJEU should have done something! If the political class is reluctant, the law in the hands of the CJEU must be put to play. The conventional narrative has it that this has always been the case. This was the gist of the hope laid in the anticipated LM case. The CJEU has not lived up to those high expectations. This is not...
A clever compromise or a tectonic shift? The LM Jugment of the CJEU
27.07.2018, 10:18 Uhr. Verfassungsblog - https: - The LM judgment is certainly not the end, rather the beginning of a development. Its teaching is not that systemic deficiencies of the judiciary do not matter. Rather, such deficiencies shall be addressed systemically. Such systemic solutions may force the respective member state to adjust without making its participation in the EU abruptly impossible...