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European Court of Human Rights has now notified a total of 12 complaints to Polish government regarding ruling party's judicial deforms in the past 11 months. This shows increasing external costs of #Poland's #ruleoflaw breakdown. In any case, updated ECHR diagram available ⬇️
#RuleofLaw Breakdown in #Poland: ECHR dimension
in 1 slide

For background reading: assembly.coe.int/nw/xml/XRef/Xr…

Reminder: In addition to EU's Article 7 procedure, Polish authorities are also subject to CoE's special monitoring procedure coe.int/en/web/portal/….
Due to ever increasing no of legally tainted judicial appointments and downright unlawful appointments of usurpers to the Supreme Court and Constitution Court, ECtHR could find itself faced in time with hundreds if not thousands of applications from Poland on Art 6 ECHR grounds
The extent to which the appointment of fake judges and other usurpers by Poland's ruling party violates EU law is examined in my most recent @reconnectEU working paper available here reconnect-europe.eu/publications/w…

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Laurent Pech
@ProfPech
Some good news on #ruleoflaw front with significant ruling from European Court of Human Rights which unanimously held Romanian authorities violated applicant's right to a fair trial & right to freedom of expression of applicant now the EU's first European Public Prosecutor
Two particularly remarkable features. 1/ Court held Romania to have impaired *very essence* of applicant’s right of access to a court owing to specific boundaries for a review of her case set down in ruling of Const Court (another "const court" whose independence is questionable)
2/ Very rare instance where ECtHR has found interference complained of did *not* pursue legitimate aim for purposes of Article 10 ECHR. Corrupt autocrats then in charge in ROM had audacity to claim they were protecting #ruleoflaw while in effect seeking to destroy it...
Read 5 tweets
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Laurent Pech
@ProfPech
Must-read analysis by Profs Halmai & Scheppele on Orban’s #EnablingAct

Hopefully @vonderleyen Commission will take note & stop embarrassing itself by giving any credit to deliberately misleading nonsense spread by HU MoJ who specialises in this particular trade

(short thread)
@vonderleyen 1/ Reminder first: Hungary was *already* no longer a democracy *prior* to the adoption Orban’s enabling act and the evidence in this respect is just overwhelming for all but seemingly @vonderleyen Commission and of course Orban's regime itself...
@vonderleyen 2/ Bottom line: “Orbán’s emergency regime gives him unlimited legal power for as long as he wants to use it, and all apparent checks on his power are illusory”

As previously noted Orban had before virtually no checks on his power in practice. Now he has none
Read 11 tweets
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Laurent Pech
@ProfPech
To fully appreciate dangers of Orban’s #DictatorshipBill (soon to be Act) and misleading nature of this op-ed, one must analyse law in light of Orban’s record when it comes to (annihilating) #democracy #ruleoflaw #humanrights which of course @JuditVarga_EU fails to do
(thread)
1/ Preliminary point: @JuditVarga_EU’s latest op-ed is not of course 1st time Hungarian Minister of Justice deliberately aims to mislead about her government’s record. See e.g. this analysis co-authored with @alemannoEU
& @rdanielkelemen

euronews.com/2019/11/25/res…
@JuditVarga_EU @alemannoEU @rdanielkelemen 2/ So let’s examine record of Orban’s regime, shall we?

Only EU member state mentioned in list of countries having experienced most democratic declines in freedom *in the world* in *past 10 years*: you guess it Hungary

freedomhouse.org/report/freedom…
Read 21 tweets

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