Some thoughts on the legality of the #EUCO #RuleofLaw declaration
THREAD 1/5
Partially in contrast to this analysis ... π
THREAD 1/5
Partially in contrast to this analysis ... π
https://twitter.com/eublogo/status/1337667957120438277
2/5
IMHO the regulation doesn't have to have retroactive effect, as it comes into force on January 1, 2021. The coming into force is not postponed, just @EU_Commission
refrains from proposing measures under the regulation, which does not exclude the monitoring of situation in MS.
IMHO the regulation doesn't have to have retroactive effect, as it comes into force on January 1, 2021. The coming into force is not postponed, just @EU_Commission
refrains from proposing measures under the regulation, which does not exclude the monitoring of situation in MS.
3/5
@EU_Commission isn't legally bound by the declaration, but apparently is part of the political deal. As the Commission has high margin of discretion how it fulfils its task as Guardian of the Treaties, it can hardly be sued for not proposing measures for any reason.
@EU_Commission isn't legally bound by the declaration, but apparently is part of the political deal. As the Commission has high margin of discretion how it fulfils its task as Guardian of the Treaties, it can hardly be sued for not proposing measures for any reason.
4/5
I don't like this, but it's still a matter of fact. However, I would rather ask whether there was a formal decision of the College of Commissioners which authorized the @EU_Commission's participation in the deal, or it was only decided by @vonderleyen.
I don't like this, but it's still a matter of fact. However, I would rather ask whether there was a formal decision of the College of Commissioners which authorized the @EU_Commission's participation in the deal, or it was only decided by @vonderleyen.
5/5
And if that was only @vonderleyen's decision, whether she really has the authority/competence to decide alone, without the College, about the @EU_Commission's participation in an interinstitutional political deal.
And if that was only @vonderleyen's decision, whether she really has the authority/competence to decide alone, without the College, about the @EU_Commission's participation in an interinstitutional political deal.
@alemannoEU @ProfPech @rdanielkelemen @Verfassungsblog @meyer_resende @katka_cseh @daniel_freund @moritzkoerner @SophieintVeld @eszterz @liliebayer
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