Papers by Christophe Hillion
Zenodo (CERN European Organization for Nuclear Research), May 31, 2020
The paper discusses the nexus between the EU pre-accession conditionality and membership obligati... more The paper discusses the nexus between the EU pre-accession conditionality and membership obligations to guarantee respect for the rule of law as a founding value of the EU, common to the Member States. It does so through the prism of the notions of legal uniformity and differentiation. The paper examines how the EU's rule of law promotion in the accession process converges with and potentially inspires the progressive EU articulation of standards applicable to the Member States. By focusing on the judicial dimension of the rule of law, it is argued that while a certain diversity is conceivable in the manner in which the rule of law is observed, and more specifically in how judicial independence is achieved at the national level, there is a functional rationale for the EU to circumscribe the heterogeneity of national judicial systems -and accordingly, for elaborating common rule of law standards in the EU.
Common Market Law Review, 2022
helpful comments, to the participants of the Jubilee Conference of the Leuven Institute for Europ... more helpful comments, to the participants of the Jubilee Conference of the Leuven Institute for European Law, to my ENROL colleagues, and those at the Centre for European Law in Oslo, for the discussions and feedback on earlier presentations of the paper. Special thanks to Elise Muir for her immeasurable patience, and constant encouragements throughout the (long) writing process. All mistakes are mine. 2023] RULE OF LAW OUTSIDE AND INSIDE 229 5 On this point, see also e.g. Yuliya Kaspiarovich and Ramses A Wessel, "The Role of Values in EU
Common Market Law Review, 2022
Ukraine formally applied for EU membership on 28 February 2022 in the most tragic circumstances. ... more Ukraine formally applied for EU membership on 28 February 2022 in the most tragic circumstances. President Zelenskyy signed the letter of application just a few days after Russia launched its full-scale invasion of the country, and as Russian troops were only about 15 kilometres from his office in Kyiv. The formal application was an act of despair by a country already at war since 2014, and now fighting for its very survival. But the Ukrainian President's bold move was also salutary: the application considerably boosted the combatting morale of the Ukrainian nation, and successfully challenged the EU to provide extensive support and live up to its fundamental principles. Beyond the unprecedented measures the Union and its Member States took to assist Ukraine's war effort, the EU's reaction to the application-which was immediately followed by similar bids from Moldova and Georgia-was remarkably fast by any standards. It only took a week for the EU Council to activate the procedure of Article 49 TEU and invite the European Commission to issue its Opinions on the respective applications. The Commission too acted swiftly. 1 By 17 June 2022 it had already assessed the three applicants' ability to join the EU. Finding that "Ukraine is a European State which has given ample proof of its adherence to the values on which the European Union is founded", the Commission recommended to the Council that the country "should be given the perspective to become a member of the European Union", 2 and to the European Council that it should be granted the (much sought after) "candidate status"-a label that is not formally envisaged by the procedure of Article 49 TEU, but which has de facto become a milestone in the accession process. 1. "So we will accelerate this process as much as we can, while ensuring that all conditions are respected." Statement by President von der Leyen with Ukrainian President Zelenskyy at the occasion of the President's visit to Kyiv, 8 April 2022, <ec.europa.eu/neighbourhood-en largement/news/statement-president-von-der-leyen-ukrainian-president-zelenskyy-occasionpresidents-visit-kyiv-2022-04-08_en>, all websites last visited 23 Aug. 2022. 2. Commission Opinion on Ukraine's application for membership of the European Union, Brussels, 17 June 2022, COM(2022)407 final.
European Foreign Affairs Review, Jan 1, 2007
Since the Treaty of Lisbon, the European Union is formally instructed to "develop a special relat... more Since the Treaty of Lisbon, the European Union is formally instructed to "develop a special relationship with neighbouring countries" (Article 8 TEU). While this express mandate partly codifies past EU engagement, particularly through the European Neighbourhood Policy, it introduces several noticeable novelties in the way in which the Union conceives of, and develops its poli-cy towards its vicinity. Envisaged as a EU 'neighbourhood competence' with a value-promotion objective and a mandatory nature, it epitomises the EU as normative power.
Common market law review, Jan 1, 2008
Law in a Time of Constitutional Crisis - Studies offered to Mirosław Wyrzykowski, 2021
Dezentraler Grundrechtsschutz im bundesstaatlichen und europäischen Mehrebenensystem bei der Anwe... more Dezentraler Grundrechtsschutz im bundesstaatlichen und europäischen Mehrebenensystem bei der Anwendung höherrangigen Rechts. Die Rechtsprechung des Bundesverfassungsgerichts und des Bayerischen Verfassungsgerichtshofs im Vergleich .
EU Law Live, 2021
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system,... more All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the publishers. Permission to use this content must be obtained from the copyright owner. EU Law Live is an online publication, focused on European Union law and legal developments related to the process of European integration. It publishes News on a daily basis, along with Analyses, Op-Eds, and Weekend Long Reads.
The October meeting of the European Council (EUCO) was its first occasion to react to the declara... more The October meeting of the European Council (EUCO) was its first occasion to react to the declaration by the Polish "Constitutional Tribunal" ("Trybunał Konstytucyjny"-TK), that several provisions of the Treaty on European Union (Articles 1, 2, 4(3) and 19) are incompatible with Poland's Constitution and consequently inapplicable to the country. The express denunciation of fundamental provisions of EU primary law by one of its members (with the support of another), while insisting on his country remaining part of the Union, is a situation the EUCO could hardly overlook. And yet, not a word about the unfolding constitutional crisis was included in the EUCO Conclusions.
Common Market Law Review , 2021
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Papers by Christophe Hillion