Law & Justice

Article: Polish Sanctions Decision Is an EU "Gamble"

January 09, 2018

An article in The Economist asserts that the European Commission's decision to trigger an EU sanctions procedure against Poland for measures aimed at reducing the independence of the country's judiciary could "backfire" and lead merely to more Polish claims of foreign political meddling if EU member states fail to advance the sanctions process.
Hungary Confirms Plans to Block EU Sanctions on Poland

January 09, 2018

Bloomberg reports that the government of Hungary has announced it will block any sanctions against Poland under the "Article 7" procedure launched by the European Commission over the country's judicial reforms and will oppose calls from Western EU governments to link development funding in the bloc with the observance of rule-of-law and human-rights norms.
ECJ Paves Way for Tighter Restrictions on Uber

January 09, 2018

The New York Times reports that the Court of Justice of the EU (ECJ) has ruled that ride service Uber is a "transport service" as opposed to a digital marketplace connecting drivers and passengers, in a decision that will likely subject the tech company to stricter regulations and licensing requirements in Europe.
EU Risks Blowback over Threats to Poland

January 09, 2018

An article in The Economist highlights the dilemma faced by the EU institutions in threatening to punish Poland for rule-of-law violations involved in the government's changes to the country's judicial system, as Polish officials dismiss such opposition to its reforms as unwarranted foreign meddling.
Hungary Faces Array of Complaints at ECJ

January 05, 2018

In December, the European Commission announced that it would take the Hungarian government to the Court of Justice of the EU to challenge the country's recently imposed reporting requirements on nongovernmental organizations and a foreign-funded university, along with the government's refusal to accept refugees under the EU's quota system.
EU Document Seeks to Bind UK on ECJ, Citizens' Rights

January 04, 2018

Reuters reports that a draft European Parliament resolution on the relationship between the EU and the UK after Brexit demands that Britain respect the rights of "core family members" and "children born in the future" outside the UK and continue, for an as-yet undefined amount of time after Brexit, to follow the rulings of the Court of Justice of the EU.
Former UK Minister: Staying in ECJ Means No Brexit

January 03, 2018

Politico reports that former Brexit Minister David Jones has warned that failure to leave the jurisdiction of the Court of Justice of the EU (ECJ) after Brexit will mean that Britain has not "in reality left the European Union."
Paterson: ECJ Can Have No UK Jurisdiction After Brexit

December 29, 2017

UK Member of Parliament Owen Paterson asserts that EU demands that the Court of Justice of the EU (ECJ) maintain jurisdiction over legal claims from EU nationals living in Britain that their rights have been abused violates the principle that "independent sovereign nations cannot be bound by the rulings of foreign courts."
Former UK Judge Criticizes Reported ECJ Concession

December 29, 2017

The Express reports that former UK Court of Appeal Judge Sir Richard Aikens has warned that a UK concession in Brexit negotiations requiring British courts to refer cases on the rights of EU nationals in Britain to the Court of Justice of the EU (ECJ) "would be tantamount to reversing the result of the 2016 referendum."
Commentator: ECJ Is Key Issue in Brexit Negotiations

December 29, 2017

Paul Goodman writes on ConservativeHome that, following the Brexit "divorce" bill settlement between UK and EU negotiators, the most important issue that may stall Brexit negotiations will be the influence of the Court of Justice of the EU (ECJ) over the UK after the country leaves the bloc.