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"Breakdown of the rule of law" presupposes uniformity of laws, their interpretation by legislators, and application to similarly situated disputes in all courts of the member-states.

That is not the case among member-states. That has not been the case among member-states. Nationalism celebrates deviance. Execution of ECU Council directives is elastic, member-states' legislatures interpret ECU directives to enact statute, and EU "law enforcement" (EC) of civil rights and commerce is irregular.

The ECJ --political forum of "last resort"-- exists by member agreement to end factual disputes between deviants: between persons (including corporations), persons and states, states and states, and international governments. Mistrust and "mutual recognition" of incongruent statutes and enforcement practices provokes members to defer to ECJ judgment.

Germany's highest court, the Federal Court of Justice (BGH), found on Thursday the interpretation of European law, over which the European Court of Justice (ECJ) in Luxembourg has sole legal authority, was central to the case.
It would be another argument altogether were the author's proposition, Uniformity of laws among EU member-states is a political goal of EU government. At the very least, readers would be required to acknowledge the intellectually, uncomfortable opposition of supranational "norms" to customary national "norms" --particularly with respect to the legitimacy of Polish and Hungarian gov actions within their respective constituencies and whether or not those "norms" actually impair ECU interstate business. That is, after all, the customary mandate of EU government authority, regulating trade practices.

Sovereignty is not the issue contested by political factions is Poland or Hungary. EU gov has not moved to  regulate trade practice, but presumably to punish with its meager police powers eg. fines (1) international civil rights violations by states' bureaucracies and (2) re-assert supremacy of ECJ "norm" setting.

Diversity is the key to economic and political evolution.

by Cat on Fri Sep 14th, 2018 at 10:44:22 PM EST

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