Great piece by @zosiawanat & @liliebayer on latest developments re rule of law conditionality regulation. 👇 Quick 🧵 w/ additional points: 1. These “letters” are yet another stalling tactic by the @vonderleyen Commission, used to distract from its failure to trigger the reg
2. Sending such letters is not a required step in the regulation. @EU_Commission could have triggered the regulation with a notification immediately after it came into force
3. The @EU_Commission’s announcement that it won’t apply the regulation until after the ECJ rules on the challenges govts of HU & PL brought against the law is illegal. Pending annulment actions DO NOT suspend the legal applicability of a regulation!
4. At the request of @GreensEFA @JMorijn, Scheppele, & I already wrote a model “notification” under the reg against Hungary- a doc the @EU_Commission could have cut and pasted from and sent to Orban months ago: danielfreund.eu/rule-of-law-st…
5. The rule of law rapporteurs from @GreensEFA @EPPGroup @TheProgressives & @RenewEurope - the very people who coauthored the regulation- all the endorsed our report at a press conference in July. A serious guardian of the treaties would have triggered the reg then
6. In short, the @vonderleyen Commission will try to spin these “letters” as important action under the reg, but really they are yet another stalling tactic to help excuse @EU_Commission’s failure to enforce the reg & defend EU’s financial interests against these regimes. END.

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More from @rdanielkelemen

28 Oct
🧵Last week I expressed fear that @vonderleyen would cave in- pretending to act on rule of law while actually handing funds to autocrats. It seems she's doing just that. Shameful capitulation- snatching defeat from jaws of victory at moment of max leverage
2. I hope I'm wrong but if- as it seems she will from statement in @Mij_Europe tweet- the appeaser @vonderleyen approves release of Covid recovery funds she will be breaking the law as @DanielSarmiento @ProfPech @JMorijn & @alemannoEU explain here: thegoodlobby.eu/2021/08/30/6-r…
3. As @Mij_Europe & @ProfPech 👉 point out, all @vonderleyen calls for in her answer is a meaningless "commitment" from 🇵🇱 govt to comply w/ 🇪🇺 law & restore judicial independence, not any actual compliance. Commitments from lying autocrats are worthless
Read 5 tweets
19 Oct
1. Yes @alemannoEU this is my fear too. At its very moment of maximum leverage, I fear the @EU_Commission will choose the path of appeasing autocrats & hand Orban & Kaczynski regimes billions of EU taxpayers funds while they flout EU's fundamental rules. Here's how it could go.🧵
2. First, the Commission would PRETEND to trigger the rule of law conditionality regulation without actually doing so. How? By sending a request for info to Hungary and Poland under Art 6(4) of the reg & pretending this counts as triggering the regulation eur-lex.europa.eu/legal-content/…
3. Note: This doesn't count as actually triggering the regulation!!!! To actually trigger it, they would have to send a formal notice to the countries under article 6(4) (we drafted it for them danielfreund.eu/wp-content/upl… But they want to stall & appease, so they'll just ask for info
Read 10 tweets
31 Aug
Poland’s sham “constitutional tribunal” - which is an illegal composed body full of “fake judges” rather than a court- is about to declare that it can ignore ECJ & that Polish regime can continue destroying judicial independence. Quick 🧵 reuters.com/world/europe/p…
First it is important to recognize that the European Court of Human Rights (ECHR) has already ruled that Poland’s so-called constitutional court is not a “tribunal established by law”. So no one should heed its so-called “rulings” notesfrompoland.com/2021/05/07/pol…
Second, the PiS regime’s fake court will of course cite the @BVerfG’s rulings on constitutional identity to justify its defiance of EU law. This was 100% predictable & some of us (like @ProfPech & I) have been predicting it for years reconnect-europe.eu/wp-content/upl…
Read 4 tweets
24 Aug
1. Pleased to announce publication of @jepp_journal special issue edited by @SophieLMeunier, @Erik_Jones_SAIS, & I on "Failing forward? Crises & patterns of European integration?" Here's a 🧵about it... tandfonline.com/doi/full/10.10…
2. In a 2016 special issue of @cps_journal edited by @mcopelov @stefwalter__ & @jafrieden on the political economy of the euro crisis, we published an article titled "Failing Forward? The Euro Crisis and the Incomplete Nature of European Integration" journals.sagepub.com/doi/abs/10.117…
3. Here's the abstract of the paper, in which we combined insights from intergovernmentalism & neofunctionalism to explain why in some circumstances European integration proceeded through a pattern of crisis & incomplete institutional reform, which we called "failing forward"
Read 21 tweets
7 Jul
1. Very proud to have coauthored this report on the legal case for activating the rule of law conditionality Regulation against Hungary with Kim Scheppele and @JMorijn, at the request of @daniel_freund & @GreensEFA. Quick 🧵below & here is the report 👉 danielfreund.eu/wp-content/upl…
2. Essentially, we did the @EU_Commission's work for it. We drafted a model "notification" under Article 6(1) of the Rule of Law Conditionality regulation, which is the first step the Commission must take to trigger the regulation with respect to a member state
3. The @EU_Commission is supposed to send such a notification to a member state when it determines that breaches of rule of law principles affect or seriously risk affecting the management of the EU budget or the financial interests of the Union
Read 15 tweets
18 Mar
304. #BrexitReality ✈️🛬👨‍✈️👩‍✈️"Post-Brexit aviation policy has failed UK carriers, it was claimed this week.

Many airlines are struggling to gain EU flight permits, while contending with European competition domestically, said one executive."
theloadstar.com/uk-charter-air…
305. #BrexitReality "Brexit blamed for British exports to Ireland falling 65% in January

New customs rules also a factor in 41% drop in value of goods moving from UK to the EU"

theguardian.com/business/2021/…
306. #BrexitReality “Brussels capped interchange fees for all transactions inside the EU in 2015” but with Brexit... “Visa is to force through a series of post-Brexit fee increases which could place fresh pressure on consumers and small businesses” ft.com/content/4820b6…
Read 699 tweets

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