With a
state government rapidly moving on legislation that would end the independence
of that state’s judiciary, the E.U. Commission announced that it would invoke
Article 7 against that state. An independent judiciary is a staple of
democratic governance, and is thus required of a state (as well as at the
federal level, in regard to the independence of the European Court of Justice
from the other branches of the federal government). If invoked, Article 7 of the E.U.’s basic
(i.e., constitutional) law would deprive the state of Poland of its voting
rights at the federal level. The independence of state courts is that important in the E.U., and yet for
the article to go into effect, the European Council’s vote, excepting Poland,
must be unanimous. Already, the governor of the state of Hungary had made clear
that he would vote against invoking the article—that state having its own
constitutional troubles with the E.U. Commission and being friendly with Poland.
In other words, two conflicts of
interest came into play immediately, even as the Polish legislature was still voting
on the proposed judicial reform.
The full essay is at "The Unenforceable E.U.."
