Enforcing Democracy
<p>On the 8th of June, the Commission announced the opening of an infringement procedure against Poland in relation to the so-called ‘Lex Tusk’ or ‘anti-Tusk’ law. The principle of democracy is the first alleged violation specified by the Commission, based on Articles 2 and 10 TEU. Although pr...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
2023-06-01
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| Series: | Verfassungsblog |
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| Online Access: | https://verfassungsblog.de/enforcing-democracy/ |
| _version_ | 1797805376280723456 |
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| author | Nora Vissers |
| author_facet | Nora Vissers |
| author_sort | Nora Vissers |
| collection | DOAJ |
| description | <p>On the 8th of June, the Commission announced the opening of an infringement procedure against Poland in relation to the so-called ‘Lex Tusk’ or ‘anti-Tusk’ law. The principle of democracy is the first alleged violation specified by the Commission, based on Articles 2 and 10 TEU. Although proposed back in 2020 by observers of the Rule of Law crisis (see here and here), using this combination of articles to protect democracy is an unprecedented step by the institution. In a way, this follows the successful actions brought against Poland based on Articles 2 and 19 TEU (with ‘successful’ referring to the Court upholding the Commission’s complaints). It also recalls similarities with the Commission’s decision to invoke Article 2 TEU as a stand-alone provision in the infringement proceedings against Hungary’s ‘anti-LGBTQ’ law. The Commission is now testing out the legal waters to see if Article 10 TEU can be the trigger for ‘democracy’ in the same way Article 19 TEU is the trigger for ‘rule of law’.</p>
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| first_indexed | 2024-03-13T05:51:08Z |
| format | Article |
| id | doaj.art-ab88d9cc87a1428885d0cdd696c91d10 |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-03-13T05:51:08Z |
| publishDate | 2023-06-01 |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-ab88d9cc87a1428885d0cdd696c91d102023-06-13T13:47:58ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442023-06-012366-7044Enforcing DemocracyNora Vissers<p>On the 8th of June, the Commission announced the opening of an infringement procedure against Poland in relation to the so-called ‘Lex Tusk’ or ‘anti-Tusk’ law. The principle of democracy is the first alleged violation specified by the Commission, based on Articles 2 and 10 TEU. Although proposed back in 2020 by observers of the Rule of Law crisis (see here and here), using this combination of articles to protect democracy is an unprecedented step by the institution. In a way, this follows the successful actions brought against Poland based on Articles 2 and 19 TEU (with ‘successful’ referring to the Court upholding the Commission’s complaints). It also recalls similarities with the Commission’s decision to invoke Article 2 TEU as a stand-alone provision in the infringement proceedings against Hungary’s ‘anti-LGBTQ’ law. The Commission is now testing out the legal waters to see if Article 10 TEU can be the trigger for ‘democracy’ in the same way Article 19 TEU is the trigger for ‘rule of law’.</p> https://verfassungsblog.de/enforcing-democracy/Art. 10 TEU, European Democracy, Infringement Procedure, Poland, Rule of Law |
| spellingShingle | Nora Vissers Enforcing Democracy Verfassungsblog Art. 10 TEU, European Democracy, Infringement Procedure, Poland, Rule of Law |
| title | Enforcing Democracy |
| title_full | Enforcing Democracy |
| title_fullStr | Enforcing Democracy |
| title_full_unstemmed | Enforcing Democracy |
| title_short | Enforcing Democracy |
| title_sort | enforcing democracy |
| topic | Art. 10 TEU, European Democracy, Infringement Procedure, Poland, Rule of Law |
| url | https://verfassungsblog.de/enforcing-democracy/ |
| work_keys_str_mv | AT noravissers enforcingdemocracy |