Law & Justice

EC Pushes Broad Plan on Migration, Asylum

October 25, 2017

The European Commission (EC) recently announced the "next steps" in its overarching plan to develop "a stronger, fairer and more effective EU migration and asylum policy," including a new resettlement plan for 50,000 asylum seekers and expanded pressure on EU member states to streamline their migrant return policies.
Former Judge: ECJ Can Strike down Brexit Deal

October 18, 2017

The Daily Express reports that Sir Konrad Schiemann, former UK Judge on the Court of Justice of the EU (ECJ), has testified before the UK Parliament's Brexit Committee that the ECJ could reject a Brexit deal agreed between Britain and the EU, particularly one that bypasses the ECJ in resolving UK-EU legal disputes.
EU Guidelines Aim to Curb Food Quality Variance

October 18, 2017

The European Commission released a set of guidelines to help national governments apply EU food and commercial laws to prevent companies from selling food products in different EU countries that look identical but diverge in quality.
Commentator: EU Must Punish Poland over Courts

October 17, 2017

Asserting that, since it came to power two years ago, Poland's Law and Justice Party has "wrecked the country’s legal system and devoured its judiciary," researcher Zselyke Csaky calls on EU member states to "go nuclear" on the country by suspending its voting rights in the Council of the EU and cutting its development funding.
Lawyer Warns of Expanding ECJ Authority

October 16, 2017

British lawyer Marina Wheeler writes that the Court of Justice of the EU's (ECJ) recent judgments restricting the UK's authority to protect the security of its citizens through bulk-data collection poses dangerous national-security implications and demonstrates the ECJ's refusal to recognize limits to its broad jurisdiction.
Article: UK Must Leave EU Arrest Warrant System

October 11, 2017

Commentator Hugh Bennett writes that the UK must not miss the opportunity presented by Brexit to break with the EU's flawed European Arrest Warrant system - which he argues "has found prolific use as a blunt instrument by heavy-handed governments with widely varying standards of legal process" within the bloc - in favor of a new, bilateral extradition treaty.
Analysis: Orbán Wins Debate on EU Migration

October 11, 2017

An article in Politico highlights how high-ranking officials in EU institutions and national governments have been moving toward positions staked out by Hungarian Prime Minister Viktor Orbán on border security and migration control, even while Orbán faces public criticism over his country's treatment of asylum seekers.
EU Advances Legal Process over Polish Judicial Changes

September 21, 2017

In the second step of legal proceedings asserting that a Polish law discriminates on the basis of sex in judicial retirement ages and gives the government too much discretion on the length of judicial terms, the European Commission has sent a "reasoned opinion" to Poland threatening to file a complaint in EU courts if the country fails to ditch its reforms within a month.
Merkel Criticizes Hungary for Refugee Ruling Response

September 20, 2017

Politico reports that German Chancellor Angela Merkel has slammed Hungary for declining to cooperate with a decision of the Court of Justice of the EU (ECJ) rejecting the country's challenge to EU refugee resettlement policies, stating the leaders must consider potential consequences for Hungary's response to the ECJ decision at an EU Council meeting in October.
ECJ Rejects Challenge to Refugee Quotas

September 19, 2017

The Court of Justice of the EU (ECJ) recently rejected a legal challenge from the governments of Hungary and Slovakia against an EU policy requiring the countries to accept the resettlement of a share of asylum seekers in their territory, finding that the EU had the authority to impose the quota system.