European Court of Justice
23 Articles
Poland’s New Government Will Face Hurdles to Restore Rule of Law and Judicial Independence
In addition to reversing the previous ruling party's damage, changes should reinforce the longevity of vital institutions going forward.
Poland: Why Rule of Law Matters as the Country Faces a Pivotal Election
Poland must return to a full respect for the rule of law to strengthen its own security and that of the European Union.
The Biden Administration’s SIGINT Executive Order, Part II: Redress for Unlawful Surveillance
Congress must step in to ensure individuals can fairly pursue redress for unlawful surveillance in Article III courts.
Polish Government’s Attacks on Rule of Law Violate Not Only EU Norms but International Law
The repeated violations of fundamental rights and principles corrode the very foundations of the democracy Poland fought so hard to win.
What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers
On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.
Did the ECJ Just Give a Stamp of Approval to Poland’s Backsliding?
The European Court of Justice is set to rule this year or early next on Poland’s two-year-old revised disciplinary regime for judges, a central mechanism that the ruling Law…
EU Court of Justice Grapples with U.S. Surveillance in Schrems II
Earlier this month, the Court of Justice of the European Union heard argument in Schrems II, a case that could limit companies’ ability to transfer data into the United States…
To Wrest Back Rule of Law in Poland, Might EU Bureaucracy Finally Work?
After years of flailing in efforts to curb Poland’s government from eviscerating the rule of law, an arcane element of the European Union structure might actually be working…
A Back Door to Controlling Judges: Poland’s Ruling Party Tries Another Ploy
Poland’s ruling Law and Justice Party has undertaken a systematic campaign for the past three years to control the Polish judiciary, culminating in recent, failed attempts to…
Polish Government’s Power Trip Interrupted?
The European Court of Justice tells Poland's Law and Justice party: Follow European Union rules or leave.
A New Era of Mass Surveillance is Emerging Across Europe
The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed…
European Court of Justice Rules “General and Indiscriminate Retention” of Electronic Communications Forbidden by EU Law
The Court of Justice of the European Union ruled yesterday that “general and indiscriminate retention of all traffic and location data of all subscribers and registered users…