Comments Rule of Law

The Meijers Committee regularly publishes comments and policy briefs and subsequently shares them with politicians, policy makers, and the broader public. These comments and policy briefs serve as a legal and scholarly assessment of the impact of human rights and democracy of new European legislative proposals in the Area of Freedom, Security and Justice. You can find an overview of all our published comments, letters and policy briefs under this link. In the following section we will publish comments, letters and policy briefs that concern the rule of law situation in the European Union.

This note discusses the suspension of EAW surrenders between EU member states and their implications for the rule of law situation in Poland. Pending a preliminary ruling of the EU Court of Justice, the District Court of Amsterdam has provisionally suspended all surrenders to Poland. Recently also a German court has refused to execute a European arrest warrant from Poland.

This note catalogues existing instruments, procedures, policies and tools available inside and outside the EU-setting to protect the rule of law inside EU Member States and at the EU-level itself. It distinguishes tools and procedures that are currently used, on the one hand, and those that exist but have not so far been put into practice toward the goal of addressing rule of law issues, on the other. The goal is to provide policy makers and politicians committed to protecting and promoting the rule of law in the EU with a comprehensive overview of realistic and actionable possibilities.

In view of persisting worrying developments concerning the rule of law in Poland and Hungary, our Committee has delivered an opinion about the possibility of starting an interstate legal procedure against these two countries for a systematic failure to respect the rule of law. We recommend a coalition of EU Member States to bring an interstate complaint before the Court of Justice of the EU on the basis of 259 TFEU.