Nino Tsereteli

A great piece I wish I’d read when I moved from academia to an NGO four years ago and began writing for non-academic audiences. Clarity isn’t easy—it’s vulnerable. But it matters.

More to come on the gap between expectations and what the Commission delivered. END.

Still missing: a systemic take on CJEU ruling compliance.
Mentions are sporadic—maybe a dozen across chapters—and rarely in recommendations.
If (non)-compliance with CJEU is a rule of law issue (it is), then it is to be assessed systematically for all states. 8/

Another issue: enforcement. What happens when states just ignore recommendations year after year? Will the Commission properly follow up on persistent non-compliance? At this point, the report does not seem to track the length of time the recommendation has been pending compliance either. 7/

But here’s the thing: compliance does not equate to real rule of law progress. It all depends on what the Commission chooses to focus on. Some recommendations hit at systemic issues, but not all such issues are reflected in recommendations. 6/

Full compliance with recommendations? Still rare.
🔹 Czechia: fully implemented 2 out of 6, partially a third
🔹 Estonia: 1 out of 3
🔹 Slovenia: 3 out of 6
🔹 Finland & Luxembourg: 1 each. 5/

Some countries are stuck in the “almost there” zone. They show some/significant progress on most recommendations but fall short of full implementation. Poland is one example, but the list is long. Yes, reform takes time. But it is problematic if "almost there" becomes the default year after year. 4/

Hungary has made NO PROGRESS with 7 out of 8 recommendations; Bulgaria – 4 out of 6, Slovakia – 5 out of 7, Italy – 3 out of 6, Romania and Malta – 3 out of 7. 3/

Only 57% of recommendations from 2024 were fully or partially implemented. This includes: 18% with significant progress or full compliance (note: full compliance share is even smaller),39% with some (vague) progress. Of the remaining 43%: 14% showed limited progress, 29% - no progress at all. 2/

The European Commission dropped its annual Rule of Law report on July 8 — there’s a lot to read and digest. The implementation stats aren’t exactly impressive but dig a little deeper and the picture gets more concerning. A few immediate reflections: 🧵 1/

Bottom line: yes, the Spanish judiciary needs reform. But a rushed, one-sided change that risks judicial independence and lacks democratic consensus does more harm than good. What is needed is an open, inclusive, serious debate. 14/ END

OSCE has urged that judges choose their peers for the council. However, this raises a larger question: can we reduce political control without creating new concentrations of judicial power that could also be potentially abused? 13/

It is not the first time Spanish judiciary has made headlines. June 2024's deal unblocked appointments to the judicial council after a 5-year deadlock, with promises to reduce political influence by reforming the process of appointing its members. But this reform is still in development. 12/

The reform shifts criminal investigations to prosecutors, who report to a politically appointed Attorney General with broad powers. Without real independence, this opens the door to political interference. 11/

Another red flag: Centralising judicial training under the MoJ raises alarm bells about potential influence on future judges. 10/

Abuse of temporary contracts is real, but the solution is not bypassing competitive exams and weakening meritocracy. Reform also proposes simplified entry for experienced lawyers. Fair move or a shortcut introducing political bias? 9/

A significant controversy surrounds the plan to grant ~1,000 substitute judges permanent status without undergoing the standard merit-based examination. Critics, such as @HayDerecho, argue that this undermines judicial quality and independence. 8/

There are positive elements: Reform promotes reasoning over memorisation in exams and offers scholarships to broaden access. However, many fear that executive power is creeping into judicial selection and training. 7/

That said, the Spanish judiciary isn't perfect. Access remains unequal — for example, the informal prep system for judicial exams (coaching by sitting judges) limits access and shapes judicial culture in ways that aren't always ideal. 6/

Judges might not have the right to strike, but they do have the right to mobilise, for example, through associations to defend their independence and weigh in on judicial reforms that shape their profession. 5/

You cannot spend years attacking the judiciary as a conservative caste and then expect judges to embrace reform quietly. Real reform demands a broad consensus, calm but rigorous debate, and giving judges a say. That hasn't happened. 4/

Some critics see the need for reform, but flag risks in the details, while others (mainly judges) argue that the system works fine as it is. 3/

Is this necessary reform or dangerous politicisation? The EU has strongly criticised Poland and Hungary over judicial independence. Spain's proposals deserve the same scrutiny. Are they truly different — or do they raise similar concerns? If not, it risks accusations of double standards. 2/

Spanish judges have been making noise. The government's proposed judicial reform has sparked controversy—some view it as long overdue, while others perceive it as a threat to judicial independence. What's actually at stake? Who's right? Who's wrong? 🧵1/

Denmark and Italy push for debate on human rights court, echoing earlier reports - Euractiv The text almost mirrors the draft first reported by Euractiv earlier this month.

www.euractiv.com/section/poli...

A Threat to the Core: Why the New Hungarian Transparency Bill is an Attack on the Foundations of the European Union

The first overview of the proposed law, by Prof Renáta Uitz on @verfassungsblog.de verfassungsblog.de/hungary-tran...

Jakub Jaraczewski interviews Dr Maria Skora on Poland's rule of law after the Presidential election.

⚖️ Poland’s presidential election could make a night-and-day difference in the rule of law.

One candidate supports the government's efforts to repair the rule of law, the other one is set to block them.

Join our @jakubjaraczewski.bsky.social and @mariaskora.bsky.social for a pre-election talk! 👇

If you mean the map in our report, it does not display all EU member states but only the ones for which we managed to collect data. For some countries, there are very few rule of law related rulings from CJEU to follow up because the Commission and national courts did not refer such cases.

Agree, that would be less disputable. In a recent hearing at EP, the Commission representative said, they use non-compliance with preliminary rulings to build their cases. The question is whether the treaty allows for a shortcut, since that the process of them first bringing a case, takes long.

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