Wow!
Palestine Action win judicial review - Guardian report.
This is a *big* legal win.
www.theguardian.com/uk-news/2026...
@profpech.bsky.social
Professor of Law, Dean of @ucdschooloflaw.bsky.social, Senior Research Fellow at the CEU Democracy Institute in Budapest, and co-director of @goodlobbyprofs.bsky.social. Usual disclaimers.
Wow!
Palestine Action win judicial review - Guardian report.
This is a *big* legal win.
www.theguardian.com/uk-news/2026...
Incredibly powerful opinion chronicling the awfulness in Whipple and the ways it interfered with the right to counsel.
One key part of the ruling (that ICE will likely appeal ASAP); Judge Brasel bars ICE from transferring anyone out of Minnesota within 72 hours of arrest.
๐ฏ Un classique du genre chez les autocrates
13.02.2026 08:00 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0Retailleau qui cible lโEtat de droit, ce nโest pas quโun coup de comโ pour lancer sa campagne.
Chez lui & ses amis, cโest une vraie conviction visant ร dรฉtruire toute limite qui bloquerait leurs idรฉes rรฉactionnaires. Comme les trumpistes.
Dโoรน sa dangerositรฉ.
Et puisquโil faut se rรฉpรฉter :
๐ญ๐บโ๏ธ๐ช๐บ Some words of mine - in absolutely stellar company of i.a. @profpech.bsky.social @profkochenov.bsky.social on yesterday's AG Kokott's opinion in the Commission vs Hungary case regarding the Hungarian Sovereignty Protection Office.
www.courthousenews.com/hungarys-for...
Adding to this excellent explanation of today's AG opinion that conditionality has been the EU's most powerful tool on rule of law to date. But the problems highlighted are not new. See an earlier assessment here www.cer.eu/insights/fre...
12.02.2026 16:24 โ ๐ 5 ๐ 2 ๐ฌ 1 ๐ 0Nice chart. Recovery money should also be recovered if CJEU agreed Commission illegally unlocked the 10.2bn ๐ถ as same nonsense was used to find rule of law milestones met. More broadly speaking AG Capetaโs analysis proves Comm RoL report positive picture on judicial reforms is nonsense too
12.02.2026 17:56 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0Yes and another potential one may happen in MEDEL case about Polandโs rule of law milestones. In both cases, political considerations corrupted the Commissionโs decision making process (not that the Council objected). One may also mention end of CVM for ๐ง๐ฌ ๐ท๐ด, premature closure of Art 7 re ๐ต๐ฑ, etc
12.02.2026 17:50 โ ๐ 4 ๐ 3 ๐ฌ 0 ๐ 0Gov. Tim Walz: "They left us with deep damage. Generational trauma. Economic ruin in some cases. The left us with many unanswered questions. Where are our children? Where and what is the process of the investigation into those that were responsible for the deaths of Renee and Alex?"
12.02.2026 16:02 โ ๐ 5228 ๐ 1660 ๐ฌ 109 ๐ 83โThe Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.โ
12.02.2026 17:31 โ ๐ 1154 ๐ 301 ๐ฌ 84 ๐ 21Reminder: EP refused to sue at time of BS rule of law milestones negotiated by VDL and PiS and while EP did vote on a potential annulment action, cttee vote went against legal action by one vote if my memory doesnโt fail me. I can neither deny nor confirm that a ๐ต๐ฑ opposition MEP may be responsible
12.02.2026 11:55 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0Sounds like a good analytical framework to explain whatโs being done or rather not done in respect of the rule of law situation in ๐ธ๐ฐ ๐ง๐ฌ ๐ท๐ด ๐ฌ๐ท ๐ฎ๐น and ๐ท๐ธ to name but a few ๐ค
12.02.2026 11:42 โ ๐ 4 ๐ 0 ๐ฌ 0 ๐ 0Indirectly, AG Opinion amounts to a severe indictment of the Commโs failure to apply for interim measures considering breadth and seriousness of multiple breaches of EU outlined in the opinion = when the Commission does - rarely - act, it does so half heartedly with ample time left for ample damage
12.02.2026 11:28 โ ๐ 6 ๐ 1 ๐ฌ 1 ๐ 0Finally, even AG opinion endorsing claims made by Commission in respect of Orbanโs soviet-style โsovereignty protection officeโ shows a halfhearted guardian of the Treaties at work with an irresponsible failure to ask for interim measures whereas AG does emphasise ia manifest chilling effect of law
12.02.2026 11:19 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0The other case to watch in this respect is MEDEL et al as this time the VDL Commission endorsed rule of law milestones in respect of ๐ต๐ฑ not reflecting most systemic issues, some of them also violated CJEU case law and to make it worse, compliance was found when there was none or only in part
12.02.2026 11:16 โ ๐ 1 ๐ 0 ๐ฌ 1 ๐ 02 important rule of law related opinions today with one by AG Capeta the most important as it more broadly concerns undue politicisation of EUโs rule of law toolbox with enforcement or lack thereof dependent on (disguised) reasons of political expediency
democracyinstitute.ceu.edu/articles/lau...
๐ช
12.02.2026 09:20 โ ๐ 2 ๐ 1 ๐ฌ 0 ๐ 0๐ช
12.02.2026 09:20 โ ๐ 7 ๐ 0 ๐ฌ 0 ๐ 0The dissentsโ positions in the end boil down to ignoring the Constitutionโs separation of powers and the Courtโs precedent and instead fear mongering on the basis of ex- treme hypotheticals about a future where the President โfeels empowered to violate federal criminal law.โ Post, at 18 (opinion of SOTOMAYOR, J.); see post, at 26, 29โ30; post, at 8โ9, 10, 12, 16, 20โ21 (opinion of JACKSON, J.).
Every time I re-read Trump v. United States, it feels like getting hit in the head with a mallet.
06.02.2026 17:55 โ ๐ 4702 ๐ 1080 ๐ฌ 79 ๐ 64Very instructive as always. Thank you
11.02.2026 17:56 โ ๐ 2 ๐ 0 ๐ฌ 0 ๐ 0"Appeasement is being coordinated while resistance is not" is exactly right. (This op-ed from Arne Duncan and David Pressman is excellent; I hope university leaders will read it.) www.washingtonpost.com/opinions/202...
10.02.2026 12:28 โ ๐ 352 ๐ 95 ๐ฌ 7 ๐ 6With Hungaryโs elections only 2 months away, letโs look at what the opposition promises when it comes to the EU, rule of law & Hungaryโs alliances. Media coverage highlighted euro adoption and independence from RU energy by 2035 but there's much more in the program
www.reuters.com/business/hun...
๐ต๐ฑ ๐ฆ (un)constitutional tribunal latestโฆ
11.02.2026 17:10 โ ๐ 2 ๐ 0 ๐ฌ 0 ๐ 0JUDGE DAVIS: โ.. There has been an undeniable move by the Government in the past month to defy court orders or at least to stretch the legal process to the breaking point in an attempt to deny noncitizens their due process rights.โ
@politico.com
www.politico.com/news/2026/02...
the statute that Jeanine Pirro reportedly tried to indict congressional Dems under, 18 USC 2387, was originally passed as part of the 1947 Smith Act, a notorious law used to clamp down on free speech during the Red Scare
11.02.2026 02:37 โ ๐ 2712 ๐ 644 ๐ฌ 42 ๐ 25โIf you donโt want to be called a fascist regime or secret police, stop acting like one.โ
11.02.2026 04:31 โ ๐ 39 ๐ 10 ๐ฌ 1 ๐ 0Slovakia should have never left the EUโs list of backsliding countries but instead we have returned to the regular expression of concerns cycle aka all talk no actionโฆ
www.europarl.europa.eu/pdfs/news/ex...
What a joke. Time to activate rule of law toolbox & freeze eu fund in respect of ๐ธ๐ฐ was months ago but instead @ec.europa.eu and @consilium.europa.eu are happy to look the other way while serving us usual nonsense to hide inaction & bargaining chip approach
democracyinstitute.ceu.edu/articles/lau...
๐ญ๐บ๐ณ๏ธ๐ช๐บ Calendar alert: this Thursday will be a Hungarian day at CJEU, with two Advocate General opinions in Hungary-related cases. First up will be the AG ฤapeta in a case where the Parliament is going after the Commission over releasing funds for Hungary despite concerns over the judiciary. 1/
10.02.2026 15:32 โ ๐ 17 ๐ 10 ๐ฌ 1 ๐ 0