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IN OR OUT? Poland, already brawling with the EU’s top court, on Thursday started mulling whether to pick a fight with the European Court of Human Rights next (more here). And thus, the government again highlighted a special EU insider/outsider problem: It’s safe to say that neither Hungary nor Poland would be admitted to the EU were they to apply now, given the shape of their institutions, checks and balances.
New tools: The EU looks closely and thoroughly at those it admits into what is a legal community (and at the moment, it is refusing to start doing even that with the next batch of candidate countries). The fact it would remain a legal community even in the event it became a single-market-only Union is a no-brainer. But how Brussels can discipline those who have made it into the club for deviations from its minimum standard is an unresolved question the EU has invented various procedures to protect the rule of law and the independence of the judiciary in its member c
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