Laurent Pech 🇺🇦
@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.
I co-authored a TPI with @j4j.bsky.social in this case after being granted leave to intervene by the President of the Section. In the five 🇵🇱 rule of law crisis related cases we joined as third-party interveners, the Court found violations of the ECtHR
cc @medeleurope.bsky.social
cc @medeleurope.bsky.social
January 15, 2026 at 11:22 AM
I co-authored a TPI with @j4j.bsky.social in this case after being granted leave to intervene by the President of the Section. In the five 🇵🇱 rule of law crisis related cases we joined as third-party interveners, the Court found violations of the ECtHR
cc @medeleurope.bsky.social
cc @medeleurope.bsky.social
Latest evidence of undue politicisation of #ruleoflaw monitoring and enforcement in the EU with more irresponsible behaviour from @eppgroup.bsky.social leader Manfred Weber for whom rule of law problems only exist in countries not led by his buddies
www.politico.eu/newsletter/b...
www.politico.eu/newsletter/b...
January 14, 2026 at 7:57 AM
Latest evidence of undue politicisation of #ruleoflaw monitoring and enforcement in the EU with more irresponsible behaviour from @eppgroup.bsky.social leader Manfred Weber for whom rule of law problems only exist in countries not led by his buddies
www.politico.eu/newsletter/b...
www.politico.eu/newsletter/b...
Dear fellow experts @annawojcik.bsky.social & @jakubjaraczewski.bsky.social, I thought ECtHR had (again) adjourned the adjudication of all pending 🇵🇱 rule of law crisis last Nov for another year. Any idea why the ECtHR would issue a ruling in this specific case considering the announced adjournment?
January 9, 2026 at 3:22 PM
Dear fellow experts @annawojcik.bsky.social & @jakubjaraczewski.bsky.social, I thought ECtHR had (again) adjourned the adjudication of all pending 🇵🇱 rule of law crisis last Nov for another year. Any idea why the ECtHR would issue a ruling in this specific case considering the announced adjournment?
EU history nerds would also no doubt remember the last time (tbomk) the Beneš decrees were discussed in an EU law context 😬
committees.parliament.uk/writtenevide...
committees.parliament.uk/writtenevide...
January 6, 2026 at 9:35 AM
EU history nerds would also no doubt remember the last time (tbomk) the Beneš decrees were discussed in an EU law context 😬
committees.parliament.uk/writtenevide...
committees.parliament.uk/writtenevide...
Busy writing our joint post myself 😎
December 22, 2025 at 2:06 PM
Busy writing our joint post myself 😎
A couple of comments.
1/ Outcome unsurprising (ECtHR already held Poland’s (Un)constitutional tribunal to be illegally composed in **May 2021**) but ECJ goes further by finding whole body to be a 🦘 court = all of its "output" must be considered null and void. TBC once full text judgment is out
1/ Outcome unsurprising (ECtHR already held Poland’s (Un)constitutional tribunal to be illegally composed in **May 2021**) but ECJ goes further by finding whole body to be a 🦘 court = all of its "output" must be considered null and void. TBC once full text judgment is out
December 18, 2025 at 10:44 AM
A couple of comments.
1/ Outcome unsurprising (ECtHR already held Poland’s (Un)constitutional tribunal to be illegally composed in **May 2021**) but ECJ goes further by finding whole body to be a 🦘 court = all of its "output" must be considered null and void. TBC once full text judgment is out
1/ Outcome unsurprising (ECtHR already held Poland’s (Un)constitutional tribunal to be illegally composed in **May 2021**) but ECJ goes further by finding whole body to be a 🦘 court = all of its "output" must be considered null and void. TBC once full text judgment is out
ECtHR once again helping strengthen effectiveness of the EU's system of judicial remedies by further clarifying requirement on EUMS national courts of last-instance to give reasons when refusing an explicit request for referral to the CJEU hudoc.echr.coe.int/fre-press#{%...
December 16, 2025 at 3:19 PM
ECtHR once again helping strengthen effectiveness of the EU's system of judicial remedies by further clarifying requirement on EUMS national courts of last-instance to give reasons when refusing an explicit request for referral to the CJEU hudoc.echr.coe.int/fre-press#{%...
FWIW, the majority got it right in my opinion.
PS I authored the TPI submitted in this case on behalf of the @ceudeminst.bsky.social rule of law clinic
ruleoflawclinic.com/third-party-...
cc @grabowskamoroz.bsky.social @profkochenov.bsky.social
PS I authored the TPI submitted in this case on behalf of the @ceudeminst.bsky.social rule of law clinic
ruleoflawclinic.com/third-party-...
cc @grabowskamoroz.bsky.social @profkochenov.bsky.social
December 15, 2025 at 10:52 AM
FWIW, the majority got it right in my opinion.
PS I authored the TPI submitted in this case on behalf of the @ceudeminst.bsky.social rule of law clinic
ruleoflawclinic.com/third-party-...
cc @grabowskamoroz.bsky.social @profkochenov.bsky.social
PS I authored the TPI submitted in this case on behalf of the @ceudeminst.bsky.social rule of law clinic
ruleoflawclinic.com/third-party-...
cc @grabowskamoroz.bsky.social @profkochenov.bsky.social
Yes (Case C-564/19) but Comm didn't follow up with infringement action when the preliminary ruling was disregarded in multiple ways... See excerpts from two studies from the @hungarianhelsinki.bsky.social from Oct 2023 and Nov 2025
November 26, 2025 at 5:32 PM
Yes (Case C-564/19) but Comm didn't follow up with infringement action when the preliminary ruling was disregarded in multiple ways... See excerpts from two studies from the @hungarianhelsinki.bsky.social from Oct 2023 and Nov 2025
Shockingly, VDL Comm has also been letting Orban violating in systemic manner one of key EU judicial remedies (Art 267 TFEU aka CJEU preliminary ruling jurisdiction) for a considerable time without any consequences because it would show unlocking of 10.2bn in Dec 2023 was done under false pretences
November 26, 2025 at 4:34 PM
Shockingly, VDL Comm has also been letting Orban violating in systemic manner one of key EU judicial remedies (Art 267 TFEU aka CJEU preliminary ruling jurisdiction) for a considerable time without any consequences because it would show unlocking of 10.2bn in Dec 2023 was done under false pretences
This has to be 1st ever gov-sponsored campaign in history of EU in which an EUMS gov proactively promotes violation of a @eucourtofjustice.bsky.social ruling & non-payment of a daily penalty payment ordered by the CJEU
Time to clawback EU funds & return to the CJEU @michaelmcgratheu.bsky.social
Time to clawback EU funds & return to the CJEU @michaelmcgratheu.bsky.social
November 26, 2025 at 4:19 PM
This has to be 1st ever gov-sponsored campaign in history of EU in which an EUMS gov proactively promotes violation of a @eucourtofjustice.bsky.social ruling & non-payment of a daily penalty payment ordered by the CJEU
Time to clawback EU funds & return to the CJEU @michaelmcgratheu.bsky.social
Time to clawback EU funds & return to the CJEU @michaelmcgratheu.bsky.social
"Restrictions to primacy of EU law and rights of LGBTIQ+ persons - Information from The Netherlands"
Had to submit an access to documents request & wait a month to get this one-sentence (rule of law/fundamental rights related) document. Tell me again Council's FoI policy is fit for purpose
Had to submit an access to documents request & wait a month to get this one-sentence (rule of law/fundamental rights related) document. Tell me again Council's FoI policy is fit for purpose
November 26, 2025 at 8:06 AM
"Restrictions to primacy of EU law and rights of LGBTIQ+ persons - Information from The Netherlands"
Had to submit an access to documents request & wait a month to get this one-sentence (rule of law/fundamental rights related) document. Tell me again Council's FoI policy is fit for purpose
Had to submit an access to documents request & wait a month to get this one-sentence (rule of law/fundamental rights related) document. Tell me again Council's FoI policy is fit for purpose
"Initially described as enabling the Council to have an in-depth exchange or assessment, the Council discreetly downgraded the purpose of hearings to the provision of an up-to-date picture."
A change of phrasing/practice which I think remains largely unnoticed.
cc @tinekestrik.bsky.social
A change of phrasing/practice which I think remains largely unnoticed.
cc @tinekestrik.bsky.social
November 25, 2025 at 5:46 PM
"Initially described as enabling the Council to have an in-depth exchange or assessment, the Council discreetly downgraded the purpose of hearings to the provision of an up-to-date picture."
A change of phrasing/practice which I think remains largely unnoticed.
cc @tinekestrik.bsky.social
A change of phrasing/practice which I think remains largely unnoticed.
cc @tinekestrik.bsky.social
As outlined in my @ceudeminst.bsky.social paper, the Council has proactively sabotaged Art7(1) TEU procedure by applying in practice a new principle of effet inutile aka adopting interpretations of this Treaty provision making it as ineffective as possible
democracyinstitute.ceu.edu/articles/lau...
democracyinstitute.ceu.edu/articles/lau...
November 25, 2025 at 5:42 PM
As outlined in my @ceudeminst.bsky.social paper, the Council has proactively sabotaged Art7(1) TEU procedure by applying in practice a new principle of effet inutile aka adopting interpretations of this Treaty provision making it as ineffective as possible
democracyinstitute.ceu.edu/articles/lau...
democracyinstitute.ceu.edu/articles/lau...
Bonus: Paper includes multiple tables contrasting Comm or Council's positive/panglossian assessments with expert assessments. One of paper's key points: increasing politicisation of toolbox comes with increasing gaslighting to hide this politicisation/gap btw EU rhetoric & reality of its (in)action
November 24, 2025 at 2:02 PM
Bonus: Paper includes multiple tables contrasting Comm or Council's positive/panglossian assessments with expert assessments. One of paper's key points: increasing politicisation of toolbox comes with increasing gaslighting to hide this politicisation/gap btw EU rhetoric & reality of its (in)action
Got a new (Working) Paper coming out on Monday on "the use, misuse and non-use of the EU’s #ruleoflaw toolbox". Paper will offer a comprehensive, critical and transversal overview of 10+ years of toolbox development/misuse. Overall picture is bleak with Commission & Council now part of the problem
November 21, 2025 at 8:32 AM
Got a new (Working) Paper coming out on Monday on "the use, misuse and non-use of the EU’s #ruleoflaw toolbox". Paper will offer a comprehensive, critical and transversal overview of 10+ years of toolbox development/misuse. Overall picture is bleak with Commission & Council now part of the problem
The new European Democracy Shield in practice
November 13, 2025 at 7:28 AM
The new European Democracy Shield in practice
I have decided not to and will not therefore participate to the conference organised by the European Parliament’s AFCO Committee which is due to take place next week.
More background/explanations in my last email to the AFCO Chair reproduced below.
cc @verfassungsblog.de
More background/explanations in my last email to the AFCO Chair reproduced below.
cc @verfassungsblog.de
November 3, 2025 at 8:13 AM
I have decided not to and will not therefore participate to the conference organised by the European Parliament’s AFCO Committee which is due to take place next week.
More background/explanations in my last email to the AFCO Chair reproduced below.
cc @verfassungsblog.de
More background/explanations in my last email to the AFCO Chair reproduced below.
cc @verfassungsblog.de
Conference participation question: Would you agree to attend a symposium on the rule of law in an expert capacity in a situation where the conference organisers have also sought to invite fake judges and pseudo experts in the name of “dialogue”, “political balance” and/or “diversity of views”?
November 3, 2025 at 8:12 AM
Conference participation question: Would you agree to attend a symposium on the rule of law in an expert capacity in a situation where the conference organisers have also sought to invite fake judges and pseudo experts in the name of “dialogue”, “political balance” and/or “diversity of views”?
I contributed the sections on access to the CJEU; access to information & law-making and (non)enforcement by EU institutions. Report highlights a number of recurrent structural issues; worrying trends and in some cases, arguable violations of EU law, including selective compliance with CJEU caselaw
October 31, 2025 at 7:36 AM
I contributed the sections on access to the CJEU; access to information & law-making and (non)enforcement by EU institutions. Report highlights a number of recurrent structural issues; worrying trends and in some cases, arguable violations of EU law, including selective compliance with CJEU caselaw
Another example of the EU Comm and Council's lack of seriousness when it comes to threats/violations of the rule of law, they keep speaking of positive reform dynamic/trajectory at a time of general decline. At this stage, one must treat positive EU RoL assessments with caution if not suspicion
October 28, 2025 at 7:07 AM
Another example of the EU Comm and Council's lack of seriousness when it comes to threats/violations of the rule of law, they keep speaking of positive reform dynamic/trajectory at a time of general decline. At this stage, one must treat positive EU RoL assessments with caution if not suspicion
See eg European Parliament resolution of 28 February 2024 on the implementation of the common foreign and security policy – annual report 2023 and www.politico.eu/article/oliv...
October 21, 2025 at 6:20 AM
See eg European Parliament resolution of 28 February 2024 on the implementation of the common foreign and security policy – annual report 2023 and www.politico.eu/article/oliv...
You wouldn’t like my 🇫🇷 HQ
October 17, 2025 at 4:26 PM
You wouldn’t like my 🇫🇷 HQ
On my way to Brussels to speak at an event dedicated to the EU's rule of law toolbox & potential need for a revamped annual RoL cycle in the form of a new European Rule of Law Semester. My presentation will focus on the evolution of the EU’s rule of law toolbox
www.expert-europe.eu/en/event/tow...
www.expert-europe.eu/en/event/tow...
October 15, 2025 at 8:42 AM
On my way to Brussels to speak at an event dedicated to the EU's rule of law toolbox & potential need for a revamped annual RoL cycle in the form of a new European Rule of Law Semester. My presentation will focus on the evolution of the EU’s rule of law toolbox
www.expert-europe.eu/en/event/tow...
www.expert-europe.eu/en/event/tow...
This latest scandal also brings to the fore Von der Leyen's lack of judgment; her repeated failure to sanction rogue behaviour and violations of Commission's code of conduct in addition to her contempt for the European Parliament
www.europarl.europa.eu/doceo/docume...
cc @alemanno.bsky.social
www.europarl.europa.eu/doceo/docume...
cc @alemanno.bsky.social
October 13, 2025 at 7:05 AM
This latest scandal also brings to the fore Von der Leyen's lack of judgment; her repeated failure to sanction rogue behaviour and violations of Commission's code of conduct in addition to her contempt for the European Parliament
www.europarl.europa.eu/doceo/docume...
cc @alemanno.bsky.social
www.europarl.europa.eu/doceo/docume...
cc @alemanno.bsky.social