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Laurent Pech Profile picture
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6 Oct, 4 tweets, 7 min read
Orban's #LexCEU held incompatible with EU Law yet Orban has already achieved its main goal: force out @ceu...

It was just irresponsible from @EU_Commission not to apply for interim measures in this instance

(updated overview slide of Commission's infringement (in)action below)
@ceu @EU_Commission This ECJ ruling will no doubt be mentioned in the 2021 #ruleoflaw country report...

When will the @EU_Commission learn that time is autocrat's best friend & that more reporting will do nothing to prevent creation of irreversible facts on the grounds...
@ceu @EU_Commission But Comm is not only institution which deserves criticism

+3 years to issue ruling on this crucial pressing issue is not serious

As for @EPP/@EPPGroup esp @ManfredWeber & @JosephDaul, shame on them for never enforcing their red lines, which as we now know were just bullshit
@ceu @EU_Commission @EPP @EPPGroup @ManfredWeber @JosephDaul Last but not least, this ECJ ruling should at last put to rest one of the recurrent lies propagated by Orban & lackeys & acc to which academic life would be flourishing in #Hungary...

More analysis by @rdanielkelemen
and myself here verfassungsblog.de/of-red-lines-a…

(end)

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More from @ProfPech

Laurent Pech Profile picture
1 Aug
#RuleofLaw breakdown in #Poland: Just finished reading this meticulous, compelling and unprecedented ruling by the Amsterdam District Court whose potential ramifications for the functioning of EU legal order could be extremely significant. Thread ⬇️
1/ Historical significance: 1st time in legal history of EU (TBOMK) that a national court of EUMS has found judicial system of another EUMS as a whole to have been structurally disabled = judicial independence structurally gone in Poland = we have black hole in EU’s Area of FSJ
2/ 🇳🇱 Court’s (correct) diagnosis: no independent/effective Const Tribunal left; ENCJ-suspended NCJ not impartial/independent; Disciplinary Ch not a court; independence of SC & ordinary courts no longer guaranteed with disciplinary proceedings possible for applying ECJ case law
Read 17 tweets
Laurent Pech Profile picture
21 Jul
My preliminary assessment (thread below) re #ruleoflaw aspects of these conclusions

Health warning: I don’t have a PhD on how to interpret EUCO conclusions so it may well be that my take is erroneous

For other takes see e.g. @JMorijn @JohnOBrennan2 @ADimitrovs @DanielHegedus82
2/ Different takes you can read, including from most eminent experts, suggest ambiguous EUCO conclusions and this is indeed the case but contrary to noise originating from kleptocrats/autocrats in Budapest/Warsaw, EUCO conclusions contain several positive #ruleoflaw aspects
3/ respect for the rule of law is explicitly mentioned twice with same para appearing in main text in MFF section (para A24) and in horizontal section of Annex (para 22) and there are 2 additional mentions to Article 2 TEU values, which include of course the rule of law
Read 22 tweets
Laurent Pech Profile picture
15 Jun
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
Read 4 tweets
Laurent Pech Profile picture
6 May
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
Laurent Pech Profile picture
25 Apr
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
Laurent Pech Profile picture
30 Mar
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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