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Laurent Pech Profile picture
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17 Dec, 5 tweets, 4 min read
EU toolbox update: New regulation "designed to protect EU funds from being misused by EU governments who bend the #ruleoflaw" approved by EP after being approved by Council on 14 Dec

To get my head around on how new mechanism will work I have put together yet another slide 😎⬇️
Step-by-step overview of new general (#ruleoflaw) conditionality mechanism for protection of #EUbudget

(any mistake PLMK)

(warning: rudimentary design of slide not pre-approved by @JoelleGrogan aka @stickytrickylaw but hope to convince her/"them" to help out with version 2.0) Image
@JoelleGrogan @stickytrickylaw Thanks to feedback received from @rdanielkelemen, I have corrected previous step 3

version 2.0 below Image
More helpful feedback received re Step 4 (who said academics should stay away from Twitter 😎)

Version 3.0 below Image
Version 4.0 below

(sorry 😬 you can blame @PatrykWachowiec for the helpful feedback he provided me with and which left me with no choice but to make some further slight revisions to first 3 steps)

#WikiRuleofLawSlide Image

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Laurent Pech Profile picture
19 Dec
Speaking of unlawful puppet body known as Poland's "Disciplinary Chamber" & its unlawful "decision" to void ECJ AK ruling, this development was mentioned for 1st time at ECJ level by AG Tanchev in his Opinion of 17 Dec 2020 in C-824/18

curia.europa.eu/juris/document…

cc @RULEOFLAWpl
@RULEOFLAWpl This is an important AG opinion which also for the 1st time mentions *and* makes use of Poland's Supreme Court resolution of 23 January 2020 which held the bogus "DC" not to constitute a court

On this resolution see my @reconnectEU post and paper

reconnect-europe.eu/blog/dealing-w…
@RULEOFLAWpl @reconnectEU Another "1st" at ECJ level: reference to lack of effective constitutional review in Poland but AG is still too diplomatic here as EU Comm, EU Parliament & CoE Parliament have been explicit about total lack of effective review + unlawful composition of CT

rechtersvoorrechters.nl/third-party-in… Image
Read 7 tweets
Laurent Pech Profile picture
9 Dec
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)
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/…
Read 14 tweets
Laurent Pech Profile picture
7 Nov
This is a great post by @ADimitrovs on new but not adopted yet #RuleofLaw conditionality mechanism & EU budget. Have just finished myself reading the 20,372 words of trilogue "4-column" doc re this latest likely addition to EU's toolbox. My first reaction assessment in 🧵 below
Title of not yet adopted Regulation (at @EUCouncil's insistence) no longer mentions #ruleoflaw & concept of "generalised deficiencies" with reference instead to "a general regime of conditionality". Cosmetic rebranding to assuage autocrats or bad omen? Let’s continue to find out
Article 1 (subject matter): surprise! the rule of law is back BUT “breaches” have replaced “generalised deficiencies” (again at Council’s insistence) = deliberate attempt to force Commission to not see the wood for the trees…
Read 17 tweets
Laurent Pech Profile picture
6 Oct
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
Read 4 tweets
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

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