https://www.euractiv.com/section/politics/short_news/europea...
However, after Googling for an online source, I came across this article about another ultimatum for justice reform in 2017, and things only got worse after that :-/
Hopefully the UN gets enough funding to occupy the roles of state and municipal police soon. Then we can free the common man from the tyranny of local government.
If people they don't like the laws they've committed themselves to, they can choose not to follow them anymore. However, the advantages they receive in return, in this case the freedoms and economic benefits of being in the EU, will also disappear if they decide to play by their own rules. With the massive benefits Poland has gotten from the EU, I don't think it's in their interest to leave, especially since it doesn't have the negotiating power the UK had (and Brexit has been a series of catastrophes nonetheless).
Nobody is forcing these people to follow foreign laws, it's just that they want the benefits without doing anything in return. The EU is not just a trade bloc, it's an institution to create a shared European ideal. They may not like the deal, but they're free to refuse it and negotiate a better one.
This is either not true or impossible to tell because Polish constitution was really poorly written with very many issues being delegated to lower acts. The Constitutional Tribunal gets to freely decide what is or isn't against the constitution and current Tribunal judges are favourable to the gov.
It's as if the US constitution was stitched from multiple Commerce Clauses. The SCOTUS could rewrite it on the fly (they already do to some extent).
They're written by the politicians who were voted into power and who have certain vested interests in voting them. They were not voted by a population, sorry.
Yeah, then you will all become yanks with government in Washington you can't vote for (why are we suddenly talking about the UN?)
Overall the EU has about the same number of procedures open against Germany as they do against Poland, both are pretty high on the list Germany is #5 Poland is #4.
Those in the EU suing Germany for its court decision here are actually German, and are only doing this to establish legal precedent.
This makes it a completely different situation than what’s going on with Hungary and Poland.
Where do they get that right? By treaty?
Or perhaps the European Court of Justice simply 'ruled' that it's laws were 'supreme' in a bizarre act of defining it's own jurisdiction outside of treaty agreements?
Europeans never agreed to give the ECJ supremacy. The ECJ just 'took' that power.
It's a baffling bit of legal history [1][2] and it demonstrates just how powerful these institutions can become outside of democratic norms.
A quote: "The principle was derived from an interpretation of the European Court of Justice, which ruled that European law has priority over any contravening national law, including the constitution of a member state itself. The majority of national courts have generally recognized and accepted this principle, except for the part where European law outranks a member state's constitution. As a result, national courts have also reversed the right to review the conformity of EU law with national constitutional law."
Because of this and the resulting vaguery, it's still not always perfectly clear which 'court' is supreme in exactly what ways.
The Germans resolve that EU laws cannot contradict their Basic Law - to be determined by their own Supreme Court, which is kind of a backwards way of saying 'our national courts still have supremacy'.
It would be pretty interesting to see Poland take on the ECJ in this case, because it might cause an EU level constitutional crisis as they'd probably challenge the legitimacy of the 'Supremacy' ruling from 1964 that set the precedent.
It's not as clear cut as the headlines would have us believe, like for example a US State taking on the Supreme Court.
Even in Canada, the provincial leaders invoke Constitutional shenanigans to make up their own laws that can't be rescinded by the constitution.
We'll have to see what happens.
[1] https://eur-lex.europa.eu/summary/glossary/primacy_of_eu_law...
[2] https://en.wikipedia.org/wiki/Primacy_of_European_Union_law
> It should be noted that the primacy of EU law only applies where EU countries have ceded sovereignty to the EU — fields such as the single market, environment, transport, etc. However, it does not apply in areas such as social policy and taxation.
Not so much. It was 'ceded' when the ECJ 'took' the power. 'Ceding' wasn't a vote or referendum, it was more or less recognizing the ECJ's power grab. Justices in the national courts started 'recognizing' the ruling, and because France has a weird constitutional basis in 1958 which recognizes treaties above their own law ... ECJ becomes the supreme court.
Nobody voted for it. There was no specific legislation. There was no specific treaty. It just happened like legal dominos falling over one another after a niche court ruling.
In Germany, we are not really sure what the situation is. The Germans said that their federal court could 'review' ECJ rulings, but never did. So what is the legal standing? Well the FCC (Germany) finally did take an ECJ case to task in 2020 and now ECJ Supremacy will be tested.
It's basically crazy that in 2021 nobody really knows who the Supreme Court is in Europe and in what areas. Here is the case. [1]
By the way - the French recognition of ECJ rulings depends on reciprocity, meaning, they only respect the rulings if the other states do. If Germany decides that it's courts have jurisdiction in Germany ... then this puts France's recognition of ECJ in jeopardy. (They did a constitutional review 20 years ago and had to ensure this 'reciprocity' which will be called into question by this Germany 2020 FCC case.)
It's basically kind of absurd that there is this much ambiguity in one of the major pillars of liberal democracy.
2) Yes, as you point out, the ECJ specific areas, but notably, the 'The Charter of Fundamental Rights of the European Union' is a vague, and therefore very widely scoping document. In Canada, after the introduction of such a charter, a whole host of laws where overthrown and the Supreme Court changes their minds about things and do as they please with vague wording such as 'freedom of expression and conscience' etc.. So this brings up some complicated questions for the EU as well on this. Rulings on this charter can delve into anything.
[1] https://www.clydeco.com/en/insights/2020/05/germanys-federal...
They would have to leave the EU first, which they are free to do at any time. Of course, then they would also not get any membership benefits.
( Speaking as a citizen of Belgium)
Hungary is a net receiver of direct money subsidies. The fact is most of it is stolen by government-aligned forces within economy, this is a well-oiled machine in place for a long time. Western companies come to Hungary because its cheap force, despite being generally lower quality than west, many of which would be rather unemployed otherwise and probably migrate west or live miserable life on social support.
The simple problem is, and that's not just Hungary but all countries in the east, there aren't enough big domestic companies that would be successful and employ people. Most failed long time ago, most really skilled people went west since life is simply so much better elsewhere. Why bother with corrupt semi-dictators, when you can thrive in fair and just society not so far.
If you have kids/plan them, its a no brainer - all parents want the best for their kids, and giving them such a bad starting position in life in a fucked up corrupt primitive environment like eastern Europe is really just selfish acting at best. I know what I am talking about, I am coming from one of those places. Its not about how many good things are still there, but the amount of bad, and not just some top politics. Society is rotten on many, if not all levels. And there is no hope for change, not for the better for sure.
Eastern Europe, like many other poor places in the world, is depleted of human capital because its simply such a crappy place to live. Its not a conspiracy, rather result of people wanting better lives for themselves and their children.
What makes you think that it's crappy place to live (e.g Poland)? except politics
Food's good, though.
what do you mean? fighting corruption?
It's hard to compare universities, unless you have attended both of them
Innovation output != Quality of teaching
Polish "computer-related" people are very often in top when it comes to e.g security (src: https://ctftime.org/) and top universities grads tends to have open doors to faang
I've seen people from both of those groups speaking very good about the schools they attended
Let me put this way: I know people who graduated in Computer Science, in Poland, who can't program. Not in some particular language; they can't write programs, they just don't quite get the idea.
Me too, but doesn't it happen in every country?
I doubt the average Hungarian is of "lower quality" than the average Belgian (I live in Belgium and I lived in Romania and UK as well) - when it comes to people doing manufacturing jobs you refer to I'd say that E Europe has a more solid and reliable human capital.
>in the east, there aren't enough big domestic companies that would be successful and employ people
Before the collapse of communism E Europe was perfectly capable to keep all their population in employment. Sure those companies were not prepared to compete in an open market and were decimated by their Western counter-parts. Today E Europe cannot strong competitors (although that is changing in sectors like IT) primarily due to the open market (impossible to compete with somebody that has 10x your capital; even when some promising E European actor appears, gets acquired by some W European company before it manages to pass a certain size)
But besides the point, check the unemployment rate in any E European country and most fair way better than their Wester coutner-parts.
> Eastern Europe, like many other poor places in the world, is depleted of human capital because its simply such a crappy place to live.
Quite a broad unsubstantiated statement. What is crappy? The fact that most people are able to own a house while in countries like Belgium is getting impossible to buy anything for young people? The nature? The job opportunities that are plenty due to continuous and fast growth? I don't recall last time a new large corporation entered Brussels in the past 10 years.
The main issue is that there is a salary gap. A middle class salary in Hungary gives you a similar standard of living and lifestyle as a middle class salary in Belgium. But working in Belgium temporarily and planning a return to let's say Hungary... gives you an even better potential lifestyle. That is the issue. The gaps were too big to have an open market and there's little focus on closing the gaps.
If you don't want that part of the deal, you shouldn't get the money either.
My feeling is that even most of his voters don't like him, they just hate change more.
Orbán too little "woke" ? One would say "EU is a cancer for european nations and people", I strongly think that this techno-totalitarist institution is on the brink of total collapse. Brexit first, Hungary, Poland, I sure hope France is next with our "startup nation" CEO.
French people voted NO to EU in 2005, it was forced upon us. You may argue as much as you want EU and its supra-national institutions are not a democratic process.
If EU was good for Europe, US would not have set it up back in the days. Everything is about power. Before it was power of nations, now it is obviously power from a selected few over the mass, supra-national oligarchy.