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R. Daniel Kelemen Profile picture
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Feb 11 • 4 tweets • 3 min read
🧵
Important decision coming but
1) no suspense since HU & PL annulment actions were frivolous delaying tactics & will be rejected,
2) it was illegal for @EU_Commission to suspend application of Reg pending this ruling,
3)@EU_Commission will now have no excuse not to apply it
4) @vonderleyen & @JHahnEU may still try to stall, claiming Comm needs to digest ruling, finalize “guidelines” (which were not required in first place) etc,
5) no one should accept such excuses,
6) reminder that Scheppele, @JMorijn & I already prepared a model Art 6(4) notification under the Reg for the @EU_Commission to use on Hungary. They can feel free to cut and paste & send it to Budapest. 👇 danielfreund.eu/rule-of-law-st…
7) should be very easy for @EU_Commission to use our model and prepare a Notification for Poland, where the argument for suspension of funds based on rule of law breaches that seriously risk affecting the financial interests of the Union is absolutely obvious. END 🧵

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More from @rdanielkelemen

R. Daniel Kelemen Profile picture
Nov 19, 2021
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!
Read 6 tweets
R. Daniel Kelemen Profile picture
Oct 28, 2021
🧵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
R. Daniel Kelemen Profile picture
Oct 19, 2021
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
R. Daniel Kelemen Profile picture
Aug 31, 2021
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
R. Daniel Kelemen Profile picture
Aug 24, 2021
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
R. Daniel Kelemen Profile picture
Jul 7, 2021
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

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