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Area of freedom, security and justice

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Office of the Houses of the Oireachtas. Retrieved 12 February They are scattered all over the place incoherently. There are three main sources of law on asylum in Europe, and although they are legally separate, their rules overlap and interact. But that Convention does not deal with issues like asylum procedure, and has an uneasy and uncertain relationship with immigration law. According to that case law, removal to another country to face a sufficiently serious risk of Article 3 treatment in that other country infringes Article 3 in the country removing the person concerned.

A series of procedural obligations then follow from that. There are other international human rights treaties which take a broadly similar approach, but I focus here on the ECHR as its court rulings are binding and have a greater impact in practice. A first phase of EU asylum law was adopted from to , and a second phase was adopted between and A de facto third phase of laws, responding to the perceived European refugee crisis of , was proposed in , but negotiations on those laws are still continuing. While focusing on other EU members facing challenges in the area of rule of law, foreign commentators may not realize that the situation in Bulgaria is critical.

The current unprecedented proceedings against the President of the Supreme Court of Cassation would complete the capture if the plan that shows through — remove him from office — works.

The Area of Freedom, Security and Justice in the Enlarged Europe

The missing point in the Parliament and in the Commission works is that still now true transparency is not yet granted in this delicate phase of the EU policy cycle. European Citizens as well as the European Parliament have no access to the informations dealing with the transposition and implementation of EU law. The same happen for national Parliaments when they want to know how the transposition is progressing in another EU Country. The relations between the Commission and each Member State remain confidential at least until when the Commission under its discretion as Guardian of the Treaty that an infringement procedure should be launched.

This mechanism could had been acceptable when the EU was only an internal market but has became inadequate since when the EU measures can have an impact on the rights of millions of EU citizens. Participative democracy should play its role not only in the ascending phase of the EU legislation but also in the descending phase of the EU policy cycle when rights and obligations of citizens are framed at national level. The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.

Rome, 28 January , 9. Twenty years after Tampere and ten after Lisbon, the objective is still out of reach Twenty years ago, the Amsterdam Treaty entered into force and with it the objective of transforming and developing the European Union into an Area of Freedom, Security and Justice area AFSJ.

Enough is enough. One year later, what tangible results can we point out to? Sadly, none. So much for the new spirit of compliance some detected a couple of weeks ago. Three judges would take seats vacated during the mandate of the outgoing legislature while two judges would take seats vacated during that of the incoming legislature which commenced on 12 November. On 19 November , the new legislature, through an accelerated procedure, amended the Law on the Constitutional Tribunal, introducing the possibility to annul the judicial nominations made by the previous legislature and to nominate five new judges.

On 25 November , the new legislature annulled the five nominations by the previous legislature and on 2 December nominated five new judges. The Constitutional Tribunal was seized concerning the decisions of both the previous legislature and the incoming legislature.

28-I-2019. Transforming the European Union into an Area of Freedom, Security and Justice

The Tribunal delivered two judgements, on 3 and 9 December However, the President of the Republic has in the meantime taken the oath of all five judges nominated by the new legislature. The judgments of the Constitutional Tribunal have thus not been implemented, and the correct composition of the Tribunal remains disputed between the institutions of the State. On 22 December , the legislature adopted new rules on the functioning of the Constitutional Tribunal, which, among other things, render more difficult the conditions under which the Tribunal may review the constitutionality of newly passed laws, i.

Timmermans also recommended that the Polish Government consult the Venice Commission before enacting the proposed changes to the Law on the Constitutional Tribunal. The new law appears to modify the rules for the appointment of the Management and Supervisory Boards of the public service broadcasters, putting them under the control of the Treasury Minister, rather than an independent body.

The new law also provided for the immediate dismissal of the existing Supervisory and Management Boards.

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Between February and July , the Commission and the Polish Government exchanged a number of letters and met on several occasions. On 9 March , the Constitutional Tribunal ruled that the law adopted on 22 December was unconstitutional.

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That judgment has so far not been published by the Government in the Official Journal, with the consequence that it does not have legal effect. The Government officially justifies its decision by claiming that the Tribunal should have delivered the judgement in the legally prescribed quorum, as provided by the law which was declared unconstitutional. However, in the Constitutional Tribunal there were only 12 lawfully appointed judges, and three remaining judges appointed by the Sejm in October were awaiting to be sworn in by the President of the Republic.

On 13 April , the European Parliament voted for a Resolution urging the Polish Government to respect, publish and fully implement the judgments of the Constitutional Tribunal. On 22 July , the Sejm adopted a new law on the Constitutional Tribunal which was published in the Official Journal on 1 August The Commission invited the Polish authorities to address its concerns within three months, but the Polish Government informed the Commission that it disagreed on all the points raised. The Polish Government did not recognise the validity of this judgment and did not publish it in the Official Journal.

First enlarged General Assembly of the CNUE - CNUE

On 16 August , the Polish Government published 21 judgments of the Tribunal rendered in a period from 6 April to 19 July However, the judgments of 9 March and of 11 August were not published by the Government. On 31 October , the United Nations Human Rights Committee expressed concerns about the negative impact of legislative reforms. On 24 March the mandatory leave was prolonged until the end of June , despite the request of the Vice-President to resume his work as judge in the Tribunal as of 1 April On 12 January , the Minister of Justice launched a procedure before the Constitutional Tribunal to review the constitutionality of the election, in , of three judges of the Tribunal.

Following this procedure, cases have no longer been assigned to these three judges. On 20 January , the Polish Government announced a comprehensive reform of the judiciary in Poland. So were we not pursuing objectives against the will of the people? Others thought that the Nice Treaty, although much criticised, contained some solid advances.

It had for example opened the way for enlargement, improved reinforced cooperation, extended Qualified Majority Voting to 27 new areas, set out some fundamental rights etc. Overall, however, there seemed to be a general feeling that the Intergovernmental Conference in would be the real watershed. To which others added the voices of parliamentarians. We needed a more open and more democratic process of negotiation and decision. It was not enough to have a single currency we needed a common vision.

The view was expressed that in future we should strive for the general European good rather than individual national interests. Against the background of this opening general discussion we looked in more detail at the developments in the three classical pillars of EU activity — although we were warned by one participant that the three pillars had evolved in the Maastricht negotiations to meet a particular set of circumstances.

There were disadvantages in allowing our thinking to be compartmentalised in this way. We needed a broader and more inclusive approach. In this sense the Lisbon Summit had added helpfully to our vocabulary. Benchmaking and peer pressure were also useful approaches. Moreover, one participant thought that the substance of what had been agreed at Lisbon was under threat.

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There were signs that some Member States were pulling back from the targets that had been agreed and were not showing the political will necessary to turn aspirations into reality — always more difficult commented another participant at a time when economic activity was declining as it now was.