Thread by @ProfPech

Based on my first quick reading of draft EUCO conclusions re #ruleoflaw conditionality mechanism, have to agree with @alemannoEU but let me add some quick comments in thread below

(Health warning: have spent about 7 hours on zoom today so my brain no longer fully operational)

https://twitter.com/alemannoEU/status/1336737375750397952

Para 1 of draft conclusions: 2nd sentence is legally wrong/poorly drafted. Art 7 not only procedure to address "breaches" of Art 2 TEU values as already established by ECJ re Polish Sup Court purge (both item under Art 7 and subject of successful infringement action in 6198/18)

Paragraph 2 gives a veneer of credibility to recurrent nonsense from autocrats that destroying national checks and balances is somewhat something which can be justified in the name of their alleged “constitutional identity”. Very poor but not end of world

cambridge.org/core/journals/…

a) misrepresents to some extent primary objective of regulation and omits surprise, surprise, any mention of the rule of law... compare to some relevant excerpts from draft Regulation

b) Just usual nonsense to assuage autocrats and kleptocrats. As if EU law was usually applied in a subjective, unfair, partial, etc., manner. This is just embarrassing but harmless enough

c) this is heart of German presidency's latest rule of law sabotage sorry "compromise" with draft conclusions = EUCO usurpring its Treaty role to please autocrats & give them more time to steal, totally destroy judicial independence etc. Mad/illegal nonsense here I'm sorry to say

d) This is ok as far as I can see. Regulation does mention explicitly that it complements other procedures but it also states Commission shall consider effectiveness of other procedures.

e) Sadly just a summary of test adopted in Regulation reflecting itself, again sadly, deliberate attempt by German Presidency to sabotage last September mechanism first proposed by Comm in May 2018. It was only made slightly less unworkable thanks to EP

https://twitter.com/ProfPech/status/1324993708002041857?s=20

f) Here again EUCO usurping role of Commission but also role of ECJ I would say. What does “close list of homogenous elements” even mean? Same re “events of a different nature”

2nd sentence fine however as indeed German presidency killed off concept of generalised deficiencies..

g) “dialogue”… please shoot me now… word “dialogue” is not used by draft regulation (if I remember well) but yet, of course, written notification must be sent to relevant EUMS

Not clear here if German presidency is trying to add an informal dialogue stage to waste more time…

h) ok although I am not clear what it is meant by “bear full responsibility” which is used twice. It is some sort of a threat soprano style? only kidding... as I said, I am writing this after 7 hours of zoom so forgive me!

i) this is ok as it just repeats the draft regulation

j) ok just some meaningless nonsense about obligation to “strive to formulate a common position” which doesn't mean much (don’t have a recital 26 in the version of draft regulation i have got but i think this is reference to EUCO exceptional brake)

k) ok – rien à signaler here

3. German presidency here suggesting to use EUCO conclusions to boss the Commission around and force it sorry, kindly suggest it to adopt some useless declaration about the nonsense German presidency suggested re national identity and need to act objectively, etc.

4. “concerns”… please… not a word about rule of law mentioned I think only once in these pathetic draft conclusions… so much for “EU values are not for sale/are non-negotiable/no compromise when it comes to EU values/add your own empty Art 2 slogan"

Shame! Shame! Shame!