News/notes

The KSLR EU Law Blog is 12th in the FeedSpot ranking on EU law blogs

We are pleased to announce that the KSLR EU Law Blog has been selected among the 30 most influential blogs on European matters, ranking 12th! We would like to thank all our readers for their interest and support to this project.

Further information may be found at the following link:  https://blog.feedspot.com/european_law_blogs/.

We look forward to receiving your submissions and hearing your thoughts on any EU-relevant matter.

Giulia & Luigi

 

 

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Article 7 TEU and the Polish case – a recast

Leo Hotham and Lucas Nacif 

Introduction

According to Article 2 of the Treaty on European Union (TEU), the European Union (EU) is founded on the common values of its Member States: ‘respect for human dignity, freedom, democracy, equality, and the rule of law’. The Article in itself is non-obligational, and lacks a substantive dimension, and as such appears to be aspirational. It is, however, protected against serious breach by the procedures contained in Article 7 TEU.

This Article was introduced by the Treaty of Amsterdam,[1] to advance the European constitutional project by creating a form of ‘constitutional troubleshooting’, placing the individual at its centre and providing protection from ‘state arbitrariness’.[2] The provision entrusts the Council with an arsenal of political measures aimed at rectifying a breach of Article 2. Firstly, Article 7(1) TEU enables the Council, acting by four-fifths majority, to take pre-emptive action, after a proposal by the Commission, Parliament or one-third of the Member States, to declare ‘a clear risk of serious breach’ of Article 2 TEU. The Council, acting by unanimity, may furthermore declare ‘the existence of a serious and persistent breach’, at which point the Council has at its disposal a sanctioning mechanism, able to strip Member States in breach of rights derived from the Treaties. In this post, we will argue that, despite the gravity of the Commission’s recent recommendation, it will unlikely have a lasting impact, due to the current political climate alongside the onerous procedural requirements of Article 7 TEU.

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Choosing London: the effectiveness of exclusive choice-of-court agreements post-Brexit

Louise O’Callaghan

The implications of Brexit on private international law fail to make headlines. However, due to the overwhelming ‘europeanisation’ of this area, Brexit will have far-reaching consequences. EU law has drastically impacted the United Kingdom’s commercial judicial system, notably the procedure applicable to international commercial litigation. The Brussels I Regulation, and its Recast, determine which Member State has jurisdiction in a civil and commercial dispute involving an international element.

London maintains a dominant position as a jurisdiction of choice for international commercial disputes. While this reputation is built upon the experience of UK’s judges and the quality, certainty and efficiency of its legal system, it is heavily reliant on the procedural effectiveness guaranteed by the Brussels regime, especially with regards to choice-of-court agreements. A major accomplishment of the Brussels regime is ensuring the effectiveness of choice-of-court agreements by protecting them from pre-emptive proceedings in other Member States. However, post-Brexit, the Brussels regime will cease to apply to the UK. This paper examines whether choice-of-court agreements electing London will remain effective or whether they will be at risk of being undermined by pre-emptive strikes.

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Recent publication

Recent publications in the field of EU law

The editors of the KSLR EU Law Blog are pleased to announce some recent publications in the field of EU law with special discounts for the readers of our blog.

 

Structural Principles in EU External Relations Law

Edited by Marise Cremona

The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of ‘structural principles’ as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.

Marise Cremona is Emeritus Professor at the European University Institute, Florence.

February 2018   |   9781782259978   |   336pp   |   Hardback   |    RSP: £70

Discount Price: £56

Order online at www.hartpublishing.co.uk – use discount code CV7 at the checkout to get 20% off!

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Article, Legal Procedure

Upholding the rule of law in times of crisis: (ineffective) procedures under Article 7 TEU and possible solutions

Patricia Jaworek

Since 2016, the Polish parliament has introduced several new laws that challenge the very foundation of the Polish judicial system, particularly the Polish Supreme Court. These reforms not only represent a further step of the governing Law and Justice Party (PiS) in reducing the independence of the country’s judiciary, but they also pose a threat to one of the European Union’s most fundamental principles: The rule of law. Against this background, this paper shortly outlines the legal instruments available under EU law for securing the rule of law, discusses possible weaknesses of these measures and presents alternative approaches to redress existing violations.

Continue reading “Upholding the rule of law in times of crisis: (ineffective) procedures under Article 7 TEU and possible solutions”