Another brilliant piece on how the Commission has started employing all available tools to fight rule of law backsliding in Poland and Hungary by withholding EU funds. Very informative by @kimlanelaw and @jmorijn

#Poland #Hungary #RuleOfLawConditionality #RuleOfLawBreakdown

https://verfassungsblog.de/frozen/

Frozen: How the EU is Blocking Funds to Hungary and Poland Using a Multitude of Conditionalities

After years of inaction, the European Commission and Council jointly acted to freeze EU funds totaling more than €28.7 billion for Hungary and more than €110 billion for Poland at the end of 2022, citing rule-of-law violations.  Surprisingly, the decisions were taken not just (or even primarily) using the new Conditionality Regulation designed for that purpose. Instead, they used a variety of other legal tools to which rule-of-law conditionality was attached. It remains somewhat mysterious, however, precisely which funds and what proportion of those funds have been suspended, and how those suspensions have been legally justified. This post, a shorter version of a SIEPS paper that will be published soon, describes what we know about the complex set of funding suspensions intended to make EU Member States pay for their rule-of-law violations.

Verfassungsblog

Another brilliant analysis of the rule of law breakdown in Poland by Professor Pech. This analysis should make it impossible for the European Commission to even continue a dialogue with Poland unless some significant reforms, aimed at respecting EU law, are undertaken. As Professor Pech writes, the newly proposed reform does not address any of the EU law violations.

#RuleOfLaw #RuleOfLawBreakdown #Poland

https://verfassungsblog.de/7-years-later-poland-as-a-legal-black-hole/

7 Years Later: Poland as a Legal Black Hole

7 years after the activation of the pre-Article 7 procedure in January 2016, Poland has become a “legal black hole”, to borrow

Verfassungsblog