MEDEL

While the representatives of the member States of the European Union are discussing the budget of the Union for the forthcoming years, they consider introducing a new rule, which would allow the European Commission to cut the access to European funds to a member State who violates the fundamental principles of the Rule of Law.

MEDEL has to underline that respect for the Rule of Law is not a budgetary matter or something that one may use as a political weapon, but one of the very foundations of the European Union, if not the most critical one. Whether or not a Member State receives regional funds, it cannot opt out.

MEDEL

The German Constitutional Court (GCC) issued on May 5th, 2020, its long-awaited decision on the European Central Bank’s Public Sector Purchase Program. Apart from the questions regarding the financial assistance program, this decision is being read as a potential threat to the EU legal order, because of the possible underlying interpretation of the principle of supremacy of EU law and of the relationship between constitutional courts of member States and the European Court of Justice (ECJ).

Filipe MarquesThe President of MEDEL gave an interview to the website Cosmocène about the attacks against the Rule of Law in Poland and Hungary.

MEDEL

MEDEL welcomes the decision of the European Court of Justice of 8 April 2020 obliging Poland to suspend the activity of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges.

The court pointed out that the fact that the independence of the Sąd Najwyższy may not be guaranteed is likely to cause serious damage to the EU legal order, to the citizens’ rights and to the values set out in Article 2 TEU, on which the EU is founded, in particular the rule of law. Consequently, the application of the national provisions at issue, in as much as they confer jurisdiction for ruling in disciplinary cases concerning judges of the Sąd Najwyższy and of the ordinary courts to a body, namely the Izba Dyscyplinarna, whose independence might not be guaranteed, is likely to cause serious and irreparable harm to the EU legal order.

MEDELLast months and weeks turned upside down the world as we know it. Thousands of people already lost their lives as the result of the COVID-19 pandemic, many more are struggling with the disease, we all live in fear for health – our relatives’ and ours. Inevitable economic crisis will strike everyone, we will face multitudes of unemployed, many will fall into extreme poverty. We enter this new reality with fear, remembering the not so distant history, especially of the economic crisis in the 30’s decade of last century, which became the breeding ground for populism and nationalism resulting in the great tragedy of World War II.

These experiences gave us a lesson of the need for international collaboration and solidarity and of the key role of democracy, separation of powers and human rights.

Murat ArslanYou can find here the english translation of an article about the verdict against Murat Arslan, written by Ingrid Heilein, the German colleague who has been observing as MEDEL representative the trial of Murat Arslan.

The article was originally published in December 2019 in the German magazine "Betrifft Justiz". Read it below.

Next MEDEL meeting 28th and 29th of February 2020The next MEDEL meeting will take place in Florence, Italy, on the 28th and 29th of February 2020.

On Friday, 28th of February 2020, in a co-organization with the Dipartamento Scienze Giuridiche of the Università di Firenze, a conference on the topic of ”Public Prosecution and Rule of Law in Europe” will take place at Universita di Firenze – SAGAS, Pallazzo Fenzi, Aula Magna, Via San Gallo 10. 

The MEDEL CA meeting will take place on Saturday, February 29th, 2020, at the Centro studi per la storia del pensiero giuridico moderno, Piazza Indipendenza 9

MEDEL

MEDEL welcomes the decision of the European Commission announced on January 14th, 2020, requesting the European Court of Justice to apply Interim Measures in the infringement procedure regarding the disciplinary regime for Polish judges. 

The situation in Poland significantly deteriorated over the last months, with new laws intended to further weaken judicial independence and to effectively forbid the implementation of ECJ rulings in Poland.

Protest march in WarsawMEDEL was present in Warsaw on January 11th, 2020, in the march for the independence of the Judiciary, that gathered more than 25000 people and stretched for 4km.

MEDEL actively participated and had intervention in the press conference before the march.

It was an impressive demonstration of belief in the fundamental values of the Rule of Law and a clear sign to all national and European authorities that those values are at the heart of the European Union and that citizens will never cease fighting for their protection.

Meeting with European CommissionA delegation of MEDEL composed by Filipe Marques, Mariarosaria Guglielmi and Monika Frackowiak was received on January 6th by the new EU Commissioner of Justice, Didier Reynders, in Brussels.

In the meeting, we had the opportunity to transmit to Commissioner Reynders our deep concern about the breaches of the fundamental principles of the Rule of Law in several Member States, focusing mainly in the situation in Poland, Romania and Bulgaria, and appealed for a strong and determined reaction by the Commission, as guardian of the treaties.

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