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POSTS BY Carlos Closa Montero
26 December 2020

Paradoxes and Dilemmas in Compliance and Enforcement

Scholars have relentlessly argued for tougher EU action against illiberal governments whose actions erode constitutional checks and balances. The panoply of EU tools is large and it comprises mechanisms for compliance via dialogue and engagement, the several infringement procedures and other ECJ cases with RoL implications, and procedures seeking enforcement. Yet, EU action remains inefficient since, to date, none of these mechanisms, jointly or individually, have been able to extract substantial compliance but rather what Agnes Batory called “symbolic and creative compliance” designed to create the appearance of norm‐conform behavior without giving up their original objectives. This poor performance reveals a crucial paradox on rule of law compliance: the EU is a community of law that lacks the last enforcement mechanism; i.e coercion. Continue reading >>
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25 April 2020

The Green Pact and Rule of Law in the EU

The governments of 13 EU member states have signed a letter calling for a "green" way out of the COVID-19 crisis (although the Czech government has asked the EU to "forget" about its Green Pact). Interesting as this initiative may be, the EU must ensure that it does not become an instrument that undermines the fight for the rule of law in the EU. The history advises us to be vigilant because EU funds may become a useful instrument in hands of illiberal governments. Continue reading >>
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07 October 2017

Catalan secessionism faces the European Union

Catalan secessionists have constructed a hypothetical place for an independent […] Continue reading >>
04 January 2017

Is Article 50 Reversible? On Politics Beyond Legal Doctrine

Can the United Kingdom, once it has declared its withdrawal from the EU, revoke this decision later on? This question is at the core of the ongoing case before the UK Supreme Court on Art. 50 TEU. I argue that revocability fits neatly in the letter and spirit of article 50 because of formal and substantive reasons. I further content that the Supreme Court decision may create a bifurcation in which interpretation of a key TEU provision may become purely an issue of domestic law. However, I further content that actors' political decisions have progressively framed a situation in which revocability does not seem politically possible. Continue reading >>
12 September 2014

Scotland and the EU: Comment by CARLOS CLOSA

No one disagrees that an independent Scotland qualifies for EU membership and that it would no doubt become an EU member state. Why then is there so much normative argument around “seamless transition”? It may or may not happen and, should it come it pass, I believe that it may be a good thing, albeit that I fail to see a “normative” case which supports it. Why should third parties guarantee to a self-determining self that its constitutive decision will be costless regardless of any other consideration? This would deprive citizenship of an essential responsibility for decisions taken which I consider indispensable to democracy. Continue reading >>
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