Law & Justice

EU Launches Legal Action over Polish Court Changes

August 02, 2017

Politico reports that the European Commission has sent a letter of "formal notice" to the Polish government asserting that a law setting different retirement ages for men and women in lower courts violates EU rules - the first step in an "infringement proceeding" that may be settled in the Court of Justice of the EU.
EU Allows Cross-border "Investigation Orders"

August 02, 2017

The European Commission has announced the entry into force of the European Investigation Order, an initiative to "simplify and speed up cross-border criminal investigations" by allowing judges to commandeer the law enforcement authorities of other EU member states to obtain evidence within their territories.
EU Parliament Seeks Legal Action on Refugee Sharing

August 02, 2017

The European Parliament adopted a resolution in May calling on countries to fulfill their commitments under EU legislation to relocating refugees within their territories and calling for the European Commission to consider legal action against countries that refuse to do so.
EU Assesses Remedies in Collective Redress Actions

August 01, 2017

The European Commission has announced that it is assessing the effectiveness of the implementation by EU member states of a 2013 recommendation that sought to harmonize the collective redress policies of member states in cases where EU rights were allegedly violated.
NGO: EU Must Punish Poland for Court Changes

July 28, 2017

An article posted by Human Rights Watch has called on EU member states to act within the Council of the EU to sanction Poland for legislative changes the nongovernmental organization says "gravely undermine the effectiveness and independence of the country’s highest court," asserting that such sanctions might include suspension of Poland's EU voting rights.
EU Takes Legal Action Against Latest Polish Judicial Reforms

July 27, 2017

As part of its "Rule of Law Framework," the European Commission has issued a "Rule of Law Recommendation" and has announced legal action against the Polish government in response to four bills recently passed by the country’s legislature that the Commission believes will undermine the rule of law and judicial independence.
EU Threatens Action Against Hungary over Asylum

July 27, 2017

The European Commission recently sent a letter of formal notice to the Hungarian government asserting that the country's strict rules on accepting applications for asylum and automatic detention of asylum seekers over the age of 14 violate EU law and may result in a referral to the Court of Justice of the EU.
MEPs Seek Launch of Sanctions Process Against Hungary

July 27, 2017

Members of the European Parliament (MEPs) recently adopted a resolution calling for EU institutions to launch the sanctions process outlined in EU treaties against Hungary over the country's strict asylum laws and reporting requirements for foreign nongovernmental organizations.
ECJ Official: Uber Is Subject to Transportation Regulations

July 25, 2017

Business Insider reports that Court of Justice of the EU (ECJ) Advocate General Maciej Szpunar recently advised the ECJ that US technology giant Uber is a transportation company, rather than merely a digital service, and is therefore subject to often-strict rules regulating the provision of transportation services in EU member states.
CoE Chief Warns of "Nationalist," "Xenophobic" Pressures

July 21, 2017

In a recent report on the status of democracy, human rights, and the rule of law in Europe, Council of Europe (CoE) Secretary General Thorbjørn Jagland called for CoE member countries "to take a serious look in the mirror" and evaluate the capability of their institutions to withstand pressures from "nationalist and xenophobic parties."