Professor of Law, Dean of @UCDLawSchool, co-director @goodlobbyprofs, senior research fellow @CEUDemInst. Usual disclaimers.
Dublin
Joined August 2014
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"To continue to engage at length with X is to enable this cycle of behavior. You can count me out" & find me instead on🦋
bloomberg.com/opinion/articl…
Laurent Pech 🇺🇦 retweeted
President Biden ups the ante for November: Rein in SCOTUS and POTUS — or let both go rogue and destroy both democracy and law.
theguardian.com/commentisfre…
EU's (enforcement) reaction to date: zero infringement action launched & zero 💶 suspended tbomk but multiple expressions of "concerns" and possibly "serious concerns"
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"With regard to Bulgaria, the EU Commission has a long history of seeing progress when the #ruleoflaw was under assault ... Sadly, in the Rule of Law reports, the EU Commission continues to make seemingly politically motivated decisions" Same re Romania. All to justify end of CVM
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"it is hard to imagine Giorgia Meloni will be persuaded to change her ways by the ARoLR’s at times critical, at times more conciliatory assessment, which mostly avoided directly pointing the finger at the ruling coalition’s responsibility in worsening the state of the #ruleoflaw"
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Reminder: Commission has completely failed to enforce EU rule of law requirements, including in face of repeated and open violations of CJEU rule of law related rulings in 🇷🇴 Instead we got end of special RoL mechanism and reality disconnected RoL country report this month
Romania: A declaration of war from the High Court of Cassation and Justice against the Court of Justice of the European Union
officialblogofunio.com/2024/…
Laurent Pech 🇺🇦 retweeted
The new issue of The Tocqueville Review: out now 🎉
Articles from leading experts about the rise of democratic illiberalism across Europe and the West
@utpjournals 📚 tocqueville21.com/the-tocque…
First CJEU ruling clarifying extent to which EU #ruleoflaw requirements/Art 19 TEU constrain national procedures for selecting/proposing candidates to CJEU. Convincing on jurisdiction, less so on substance re this stage (what’s point of ranking candidates if this can be ignored)
#ECJ: Nomination of #EU judges – a Member State may propose a candidate other than the highest ranked on a list established by a national group of independent experts, provided that the proposed candidate meets the requirements of the Treaties 👉 curia.europa.eu/jcms/jcms/Jo…
EU Commission's annual #ruleoflaw report: "inclusion of certain enlargement countries" such as #Serbia "reflects the progress made in their respective accession process or advancement as regards their level of preparedness on rule of law"
Real world... worldjusticeproject.org/rule…
Laurent Pech 🇺🇦 retweeted
For those following Hungary, here's a flashing red light. Hungarian 'sovereignty' is now in debt to China in a deal protected by state secrets.
Comm's 68% claim is just bogus. I mean even Comm accepts in a fn that this reflects "some progress" (*left undefined*) on 50% of its recommendations. More evidence of unhealthy consequence of increased politicisation of #ruleoflaw toolbox & VDL desperation to claim RoL "wins"
2⃣ Recommendations don’t add up
The Commission claims 68% of 2023 recommendations are addressed. Our analysis shows only 8 of 137 fully implemented and 41 with no progress. Significant issues, like #Slovakia's shrinking #civicspace, were overlooked.
#EU #Accountability
3/7
Laurent Pech 🇺🇦 retweeted
🗞️ Hot off the press: The EU Commission fails to unlock the Rule of Law Report’s full potential
The @EU_Commission's fifth annual Rule of Law report is out. Here's our immediate take on it, with a detailed gap analysis coming in September.
#ROLReport24 #EU #RuleofLaw
1/7
Laurent Pech 🇺🇦 retweeted
🔥SCOOP The @EU_Commission does not rule out applying the horizontal enabling conditions and suspending further cohesion funding to #Hungary because of the law on the protection of sovereignty, which violates the Charter of Fundamental Rights on several points, @nepszava reports
"The Hungarian government “forgot” to mention the loan in its official communication before the 9 June European parliamentary and municipal elections." In other news, dailynewshungary.com/orban-c…
BREAKING – Hungary took out a gigantic Chinese loan in secret – avoiding bankruptcy? dnh.news/TB2z5c Click to read more #hungary #dailynewshungary
Laurent Pech 🇺🇦 retweeted
NEW: "Autocracy vs. Democracy?" The latest issue of The Tocqueville Review | La revue Tocqueville is available online! 📚@utpjournals
It builds upon last year's conference in Paris with Jan-Werner-Müller, Pascal Ory and many more ⬇️
tocqueville21.com/the-tocque…
Laurent Pech 🇺🇦 retweeted
I am aware that being the sole & only true representative of THE PEOPLE is a hard work, but actually it is interesting to see the two, perhaps most #populist EU politicians in power, 🇭🇺 PM #ViktorOrbán & 🇸🇰 PM #RobertFico, being the least egalitarian EU leaders & earning the most in comparison to the average wage in their respective countries.
🤑🇭🇺Viktor Orbán seems far removed from the average citizen when it comes to his salary. Among EU heads of government, Hungary's leader receives the highest pay relative to the country's average gross salary. Read @Atlatszo's analysis on @VSquare_Project: vsquare.org/viktor-orban-rob…
"This report does not objectively reflect the situation of judiciary in Romania"
This is unfortunately correct & part of a broader pattern whereby the EU Commission just looks the other way whenever it would be politically costly to uphold the #ruleoflaw
AroLR 2024: Romanian Judges' Forum Association will no longer participate in any dialogue with the European Commission, refusing that the honorability of its members be used for political speeches and settlements
forumuljudecatorilor.ro/inde…
Laurent Pech 🇺🇦 retweeted
Yeah, sure, but the rise of the AfD is partially self-inflicted harm. The system should have screened out the head of the Office for the Protection of the Constitution, who was supposed to go after extremists, but turned out to be an extremist (enabler). bbc.com/news/world-europe-68…
VDEM 2024 annual democracy report: "Serbia is yet another case of protracted, incremental backsliding,
typical for the “third wave.” The process started in 2009, and by 2014, Serbia slid into an electoral autocracy."
EU 2024 annual RoL report: 🙈🙉🙊
The Commission has published the annual Rule of Law Report, examining for the first time four EU candidates: 🇦🇱🇲🇪🇲🇰🇷🇸
Among the problems detected are the political influence on the judiciary and media regulators, as well as constraints on parliaments:
europeanwesternbalkans.com/2…
