{"id":2625,"date":"2021-08-02T14:08:00","date_gmt":"2021-08-02T12:08:00","guid":{"rendered":"http:\/\/localhost:10164\/?p=2625"},"modified":"2022-02-09T11:10:42","modified_gmt":"2022-02-09T10:10:42","slug":"rule-of-law-updates-july","status":"publish","type":"post","link":"https:\/\/www.commissie-meijers.nl\/nl\/rule-of-law-updates-july\/","title":{"rendered":"Rule of law updates – July"},"content":{"rendered":"
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At a glance: important dates in July<\/h5>\n

8 July 2021<\/strong> – Advocate General<\/strong> Michal Bobek presented his opinion in case C-132\/20<\/a>, Getin Noble Bank<\/strong>
\n13 July 2021<\/strong> – Hearing<\/strong> in K 3\/21<\/a><\/strong>, an application from Prime Minister Mateusz Morawiecki concerning the primacy of EU law.<\/strong> The second hearing was planned for the end of July but was rescheduled
\n14 July 2021 – Ruling in P 7\/20<\/a>: <\/strong>application from the Disciplinary Chamber<\/strong> of the Polish Supreme Court asking if the CJEU interim orders with regards to the judiciary in Poland are compatible with the Polish constitution
\n14 July 2021 <\/strong>– The term of Ombudsman Adam Bodnar<\/strong> ends
\n14 July 2021 – Interim order<\/strong> in C\u2011204\/21<\/span><\/a> (only available in French and Polish for now)
\n<\/strong>15 July 2021<\/strong> – The CJEU issued its ruling<\/strong> in the case Commission v Poland (C-791\/19<\/a>)<\/strong> concerning the disciplinary regime<\/strong> for judges, the CJEU ruled that the regime for judges in Poland is not compatible with EU law
\n20 July 2021 –<\/strong> The European Commission published its 2021 Rule of Law Report<\/strong><\/a>
\n22 July 2021<\/strong> – The European Court of Human Rights issued its judgement<\/strong> in the case Reczkowicz v Poland<\/strong><\/a> (no. 43447\/19) regarding the status of the sham Disciplinary Chamber and National Council of the Judiciary. A great article about the ruling’s consequences for the Polish judiciary by Marcin Szwed can be read on Verfassungsblog.<\/a><\/p>\n

The week of 13 July was a busy week considering all the rule of law-related news and court hearings in Poland. Democracy Reporting International<\/a> posted a great overview<\/a> with explanations about the cases heard by the Constitutitonal Court in Poland and the cases at the CJEU regarding the Disciplinary Chamber of the Supreme Court.<\/p>\n

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General<\/h5>\n

The European Commission published its 2021 EU Justice Scoreboard<\/strong><\/a> on 8 July 2021.<\/p>\n

The European Greens presented its study \u201dThe EU Commission has to cut funding to Hungary: The Legal Case.\u201d<\/strong> Our member John Morijn is one of the authors of this study (alongside Kim Lane Scheppele and R. Daniel Kelemen). They write about how Hungary’s rule of law breaches put the EU budget and financial interests at risk<\/strong> because of its lack of transparent management of funds<\/strong>, the lack of an effective national prosecution service<\/strong> to investigate and prosecute fraud allegations, and because of a lack of guarantee of independent c<\/span><\/strong>ourts<\/strong> to ensure that EU Law is enforced. They also provide a sample for a written notification to Hungary under the Conditionality Regulation 2020\/2092. You can read the study here<\/a>. <\/span><\/p>\n

Far-right parties planning to cooperate<\/strong>: Orb\u00e1n, Le Pen, Salvini, Kaczy\u0144ski join forces to impact on the future of EU, 2 July 2021, read more on Euractiv<\/a><\/p>\n

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Poland<\/h5>\n

Poland and foreign-owned media: the case of TVN, a US-owned broadcaster.<\/strong> Earlier in July, Poland\u2019s ruling coalition pushed a media bill through parliament that allegedly is an attempt to strip the broadcast license of a U.S.-owned television station (TVN) that is often critical of the government. Polish activists are appealing to Kamala Harris protesting against the restrictions on press freedom in Poland and especially the move against the broadcaster TVN. Read more here on Politico<\/a> and on Euractiv<\/a>.<\/p>\n

The Deputy Minister of Justice urges the government to request the Court of Justice<\/strong>, on behalf of Poland, to comply with the judgement of the (unlawful) Constitutional Tribunal<\/strong> and repeal interim measures. 28 July 2021, Tweet<\/a> by Rule of Law in Poland.<\/p>\n

And the Polish government didn’t stop there – the Polish Prosecutor General\/Minister of Justice has requested the Constitutional Tribunal to examine whether Article 6 ECHR (right to a fair trial) applies to the Polish Constitutional Tribunal<\/strong>. <\/span>In this informative Twitter thread<\/a>, DRI’s Jakub Jaraczewski explains what exactly is at stake.<\/span><\/p>\n

EU funds: Poland\u2019s assessment period<\/strong> \u2014 already extended by two months \u2014 expires on 3 August 2021.<\/p>\n

Reform to the Polish judiciary after all?<\/strong> A senior member of Poland\u2019s PiS ruling party has reportedly said that a \u201creform\u201d to the government\u2019s judicial overhaul<\/strong> is \u201cready\u201d and that a compromise with Brussels would be prepared if Brussels threatened Poland with sanctions. Read more on Notes from Poland<\/a>, 26 July 2021.<\/p>\n

The Supreme Court in Ireland<\/strong> is asking the EU Court in Luxembourg whether Ireland should continue to execute European Arrest Warrants from Warsaw<\/strong> because of the rule of law problems in Poland. Read more here<\/a>, 26 July 2021.<\/p>\n

On 22 July 2021, the judgment in Reczkowicz v. Poland<\/strong> was published. You can read the whole judgement here<\/a>, for those who do not have the time to read all 138 pages of this judgement, our colleague Jakub Jaraczewski from Democracy Reporting International has written an informative Twitter-Thread<\/a> with the most important take-aways of the judgment. In the beginning of this post, we already mentioned the Verfassungsblog-article<\/a> by Marcin Szwed about the consequences of this ruling.<\/p>\n

Also on 22 July 2021, Poland elected a new ombudsman: Marcin Wi\u0105cek<\/strong>, lawyer and professor at the University of Warsaw. Wi\u0105cek was elected by the Polish Senate to the post of ombudsman, with 93 votes in favour, none against and five abstentions. He will take over Bodnar\u2019s staff and is said to not be PiS-affiliated.<\/p>\n

Poland\u2019s Law and Justice party (PiS<\/strong>) is about to leave the European Conservative Party<\/strong>. Read more on Euractiv<\/a>, 20 July 2021.<\/p>\n

The European Commission wants to set an ultimatum for Poland<\/strong>: unless Warsaw implements\/accepts the judgments of the European Court of Justice on the judiciary within the next weeks, it has to prepare for financial penalties. 20 July 2021, read on Politico’s Brussels Playbook.<\/p>\n

15 July 2021: The CJEU issued its ruling in the case Commission v Poland (C-791\/19<\/a>)<\/strong> concerning the disciplinary regime for judges<\/strong>, the CJEU ruled that the regime for judges in Poland is not compatible with EU law.<\/p>\n

14 July: Interim order in C\u2011204\/21<\/span><\/a><\/strong> (only available in French and Polish for now).<\/p>\n

14 July: P 7\/20<\/strong> – Polish Constitutional Tribunal rules on Disciplinary Chamber of the Supreme Court.<\/strong>
\nThe Disciplinary Chamber is asking the Tribunal whether CJEU interim measures (such as the one CJEU issued regarding the Disciplinary Chamber) are in line with the Polish Constitution.<\/p>\n

13 July: K 3\/21<\/a> – Polish Constitutional Court rules on EU law primacy. <\/strong>On Prime Minister Mateusz Morawiecki\u2019s request, the Polish Constitutional Court will rule whether certain provisions in the EU\u2019s Treaties are compatible with Poland\u2019s Constitution and whether the EU Court in Luxembourg (CJEU) can force the country to suspend part of its judicial reforms.<\/p>\n

The Polish government is looking for candidates for the position of judge of the Court of Justice of the EU<\/strong>. Applications are accepted until 19 July 2021. Judge Marek Safjan’s term ends in October.<\/p>\n

Council of Europe\u2019s Secretary-General Marija Pej\u010dinovi\u0107 Buri\u0107 has sent a letter to the Polish Justice Minister Zbigniew Ziobro, in which she expressed the Council\u2019s \u201cconcern and disappointment\u201d with the statements of the Polish government on a recent judgement of the European Court of Human Rights.\u00a0Read more on Euractiv, 2 July 2021<\/p>\n

J\u00f3zef Iwulski, senior judge on Poland\u2019s Supreme Court, <\/span>has been stripped of immunity by the Disciplinary Chamber from prosecution<\/strong> to face potential charges over issuing an unlawful conviction during the communist era 1982. He has been suspended and receives a 25% less salary. Read more here on Notes from Poland<\/a> and Iustitia<\/a>.<\/p>\n

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Hungary<\/h5>\n

Politico’s Lili Bayer reporting<\/a> about the LGBTIQ+ march in Budapest<\/strong> which attracted thousands of participants, 24 July 2021.<\/p>\n

Orb\u00e1n announces a referendum<\/a> on LGBTQI+ discriminatory law<\/strong> with questions such as whether Hungarians \u201csupport that media programs which influence children\u2019s development shall be aired without restrictions,\u201d or whether they are in favor of including \u201cdifferent sexual orientations\u201d in sexual education material \u201cwithout parental consent.\u201d You can read the suggested text for the referendum here<\/a>.<\/p>\n

EUI Media Freedom Country Report on Hungary<\/a><\/strong> was published on 20 July 2021. The study identifies high risks to media pluralism in Hungary.<\/p>\n

Following the news about the Pegasus hack, PM Viktor Orb\u00e1n is suspected to have used spyware to hack the phones of investigative journalist, <\/strong>read the whole story here on The Guardian<\/a>. In response to these allegations, the Hungarian government claims that it has no information about the alleged data hacking of some of Hungary\u2019s investigative journalists, wealthy businessmen and local politicians. Foreign Minister P\u00e9ter Szijj\u00e1rt\u00f3 told a press conference with his V4 counterparts in Kom\u00e1rom. Read more on Euractiv<\/a>.<\/p>\n

On 15 July 2021, the European Commission announced that it wants to investigate the possibility of infringement proceedings<\/a> against Hungary concerning anti-LGBTIQ+ law<\/strong>.<\/p>\n

On 13 July 2021, the European Commission extended its examination of the Hungarian recovery plan<\/strong>. The Hungarian recovery plan and the \u20ac7.2 billion in grants requested from Brussels for post-pandemic reconstruction is thus still being examined. Read more here on Euractiv<\/a>.<\/p>\n

Hungarian Prime Minsiter Viktor Orb\u00e1n has claimed that EU institutions are planning to send LGBTIQ+ activists into the country\u2019s schools<\/strong>, Telex reported. Read more on Euractiv<\/a>, 9 July 2021.<\/p>\n

Hungarian Prime Minister Viktor Orb\u00e1n is the first EU head of state or government ever to make a list, made by Reporters Without Borders (RSF), of enemies of the media \u2014 or \u201cpredators of press freedom<\/a>.\u201d<\/strong> Orb\u00e1n and the ruling Fidesz party have \u201cbrought Hungary\u2019s media landscape under their control step by step\u201d since coming to power in 2010, RSF says, with government-friendly businesses taking over media outlets and targeting independent media. 6 July 2021, Politico Brussels Playbook Newsletter.<\/p>\n

The Hungarian ombudsman \u00c1kos Kozma<\/strong>, announced that he won\u2019t review controversial LGBTQI+ law<\/strong> claiming that a controversial law prohibiting the \u201cportrayal or promotion\u201d of LGBTQI+ content to minors does not prevent LGBTQI+ issues from featuring in public education. Read more on Euractiv<\/a>, 6 July 2021.<\/p>\n

The Hungarian judge Gabriella Szab\u00f3<\/strong> filed a complaint at the European Commission claiming she was pushed out for political reasons, namely questioning strict asylum rules.<\/strong> Szab\u00f3 has already asked preliminary questions about this issue in 2018, the ECJ in March 2020<\/a> ruled the new Hungarian rules were indeed contrary to EU legislation. Read more on euobserver<\/a>, 6 July 2021.<\/p>\n

A government decree abolishes anonymous donations to NGOs<\/strong> as the decree will end the possibility of anonymous donations to civil society in Hungary from Thursday. Read more on Euractiv<\/a>, 2 July 2021<\/p>\n

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Slovenia<\/h5>\n

Slovenia\u2019s rejected EPPO candidates make a new bid for EPPO position<\/strong>. Matej O\u0161tir and Tanja Frank Eler, the candidates picked for Slovenia\u2019s two European delegated prosecutors before the nomination process was annulled by the government, have resubmitted their applications in a new attempt, apparently the only candidates to do so. Read more on Euractiv<\/a>, 28 July 2021.<\/p>\n

On 6 July, the Slovenian President Janez Jan\u0161a<\/strong> presented his plans for the Slovenian Council presidency<\/strong>, you can read his speech here<\/a>.<\/p>\n

The NGO European Civic Forum recently added Slovenia to its latest watch-list of countries witnessing a decline in civic rights<\/strong> \u2014 alongside Colombia, Chad, Ethiopia and Myanmar. According to the European Civic Forum, Ljubljana has curtailed freedom of association and media freedom in the course of the past few years. Read more here<\/a>.<\/p>\n

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Czech Republic<\/h5>\n

Czech Prime Minister Andrej Babi\u0161 did not sign a letter backed by 18 EU Member States supporting sexual minorities in response to a controversial new Hungarian law<\/strong> banning LGBT promotion among children.
\nMore on Euractiv<\/a>, 12 July 2021.<\/p>\n

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Romania<\/h5>\n

Romania\u2019s recovery plan: the topic of Romania\u2019s recovery and resilience plan is far from being settled<\/strong> as the Commission is still waiting for clarification on a series of important issues. Read more on Euractiv<\/a>, 30 July 2021.<\/p>\n

The Romanian government is split<\/strong> over judiciary investigation section<\/strong>. Parties that form Romania\u2019s centre-right coalition disagree over the proposal of abolishing the section that investigates offences within the judicial system (SIIJ). Read more on Euractiv<\/a>, 13 July 2021.<\/p>\n

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Malta<\/h5>\n

In Malta, a public inquiry<\/strong> came to the conclusion that the state should be held responsible for the death of journalist Daphne Caruana Galizia<\/strong>. Although the inquiry found no evidence that the government was directly involved,\u00a0 it was damning of the government, led at the time by former MEP Joseph Muscat, as it created a\u00a0 \u201cfavorable climate\u201d for anyone who wanted to \u201celiminate\u201d the journalist. Daphne Caruana Galizia was killed by a car bomb near her home in October 2017. Read more here on Politico<\/a>, 29 July 2021.<\/p>\n

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Events<\/h5>\n

2 July 2021: Reconnect Annual Conference<\/strong> – Earning EU citizen’s trust rethinking democracy and strengthening the rule of law. Videorecordings of all panels available here<\/a>.<\/p>\n

13 July 2021: Launch of ‘How to fight corruption and uphold the rule of law<\/strong>‘, video recording available here<\/a>.<\/p>\n

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Articles, Publications, papers<\/h5>\n

European Parliament Research Briefing: European Court of Justice case law on judicial independence<\/em>, read here<\/a>
\n(Based on a research article by Petra Bard, Laurent Pech and Dimitry Kochenov which can be found here<\/a>)<\/p>\n

Constitutional Populism versus EU Law: A Much More Complex Story than You Imagined, <\/em>by Barbara Grabowska-Moroz and Dimitry Kochenov, RECONNECT Working Paper (Leuven) No. 16, July 2021, read it here<\/a>.<\/p>\n

The rhetoric of inaction: failing to fail forward in the EU\u2019s rule of law crisis, <\/em>by Cassandra Emmons and Tommaso Pavone, PluriCourts Research Paper, read here<\/a>.<\/p>\n

The government takes on Polish NGOs<\/em>, by Anna W\u00f3jcik, Legal Dialogue Playbook, read here<\/a>.<\/p>\n

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News from the Courts<\/h5>\n

– Notification<\/a> of 12 applications at the European Court of Human Rights concerning abortion rights<\/strong> in Poland and the composition of the Constitutional Court<\/strong><\/span> : KB and Others v. Poland (1819\/21<\/a>), KC and Others v. Poland (3639\/21<\/a><\/span>) and A.L.-B. and Others v. Poland (3801\/21<\/a>)<\/span>
\n– Another case about the forced retirement of a Polish judge was communicated by the ECthR: Jezierska<\/span> v. Poland (43949\/19<\/a>, for now only available in French)<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[57],"tags":[],"class_list":["post-2625","post","type-post","status-publish","format-standard","hentry","category-rule-of-law-update"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/posts\/2625","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/comments?post=2625"}],"version-history":[{"count":0,"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/posts\/2625\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/media?parent=2625"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/categories?post=2625"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.commissie-meijers.nl\/nl\/wp-json\/wp\/v2\/tags?post=2625"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}