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While the representatives of the member States of the European Union are discussing the budget of the Union for the forthcoming years, they consider introducing a new rule, which would allow the European Commission to cut the access to European funds to a member State who violates the fundamental principles of the Rule of Law.
MEDEL has to underline that respect for the Rule of Law is not a budgetary matter or something that one may use as a political weapon, but one of the very foundations of the European Union, if not the most critical one. Whether or not a Member State receives regional funds, it cannot opt out.
The German Constitutional Court (GCC) issued on May 5th, 2020, its long-awaited decision on the European Central Bank’s Public Sector Purchase Program. Apart from the questions regarding the financial assistance program, this decision is being read as a potential threat to the EU legal order, because of the possible underlying interpretation of the principle of supremacy of EU law and of the relationship between constitutional courts of member States and the European Court of Justice (ECJ).
The President of MEDEL gave an interview to the website Cosmocène about the attacks against the Rule of Law in Poland and Hungary.
The President of MEDEL gave an interview to the website Cosmocène about the attacks against the Rule of Law in Poland and Hungary.
MEDEL welcomes the decision of the European Court of Justice of 8 April 2020 obliging Poland to suspend the activity of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges.
The court pointed out that the fact that the independence of the Sąd Najwyższy may not be guaranteed is likely to cause serious damage to the EU legal order, to the citizens’ rights and to the values set out in Article 2 TEU, on which the EU is founded, in particular the rule of law. Consequently, the application of the national provisions at issue, in as much as they confer jurisdiction for ruling in disciplinary cases concerning judges of the Sąd Najwyższy and of the ordinary courts to a body, namely the Izba Dyscyplinarna, whose independence might not be guaranteed, is likely to cause serious and irreparable harm to the EU legal order.
MEDEL welcomes the decision of the European Court of Justice of 8 April 2020 obliging Poland to suspend the activity of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges.
The court pointed out that the fact that the independence of the Sąd Najwyższy may not be guaranteed is likely to cause serious damage to the EU legal order, to the citizens’ rights and to the values set out in Article 2 TEU, on which the EU is founded, in particular the rule of law. Consequently, the application of the national provisions at issue, in as much as they confer jurisdiction for ruling in disciplinary cases concerning judges of the Sąd Najwyższy and of the ordinary courts to a body, namely the Izba Dyscyplinarna, whose independence might not be guaranteed, is likely to cause serious and irreparable harm to the EU legal order.
Last months and weeks turned upside down the world as we know it. Thousands of people already lost their lives as the result of the COVID-19 pandemic, many more are struggling with the disease, we all live in fear for health – our relatives’ and ours. Inevitable economic crisis will strike everyone, we will face multitudes of unemployed, many will fall into extreme poverty. We enter this new reality with fear, remembering the not so distant history, especially of the economic crisis in the 30’s decade of last century, which became the breeding ground for populism and nationalism resulting in the great tragedy of World War II.
These experiences gave us a lesson of the need for international collaboration and solidarity and of the key role of democracy, separation of powers and human rights.
Last months and weeks turned upside down the world as we know it. Thousands of people already lost their lives as the result of the COVID-19 pandemic, many more are struggling with the disease, we all live in fear for health – our relatives’ and ours. Inevitable economic crisis will strike everyone, we will face multitudes of unemployed, many will fall into extreme poverty. We enter this new reality with fear, remembering the not so distant history, especially of the economic crisis in the 30’s decade of last century, which became the breeding ground for populism and nationalism resulting in the great tragedy of World War II.
These experiences gave us a lesson of the need for international collaboration and solidarity and of the key role of democracy, separation of powers and human rights.
MEDEL is present from 24 to 27 February 2020 at the Second High-Level Meeting of the Global Judiciary Integrity Network, held in Doha, Qatar, organised by the United Nations Office on Drugs and Crime.MEDEL is present from 24 to 27 February 2020 at the Second High-Level Meeting of the Global Judiciary Integrity Network, held in Doha, Qatar, organised by the United Nations Office on Drugs and Crime.
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