"We don't expect the UPC to get off the ground for a number of reasons we've enumerated and named here in the past."The Court of Justice of the European Union (CJEU) "could strike it down, as the design of the EU is "CJEU+national courts"."
Prof. Thomas Jaeger thinks so. And he warned about it 5 years ago as well.
This is legal chaos and hackery.
We don't expect the UPC to get off the ground for a number of reasons we've enumerated and named here in the past. Too many times before (to be worth repeating). Do not be misled by a high quantity of fake (worse than low-quality) self-serving lies.
As our reader notes, even if the UPC ever runs, there is hope of halting it very fast. It's simply not compatible. As someone put it in comments the other day: "All aboard the Titanic!"
The next comment said: "Time for an appeal to the Austrian Constitutional Court?"
DXThomas then wrote:
It is amazing to see how UPC proponents want to push it through at any cost, and want to ignore the problem of Art 7(2) UPCA. When looking at Art 6(1) ECHR, how can it be justified that the crystal clear wording of Art 7(2) UPC is to be ignored? A first year law student would blush if he came up with the theory of the provisional allocation of the London duties to Paris/Munich.
How can such legally qualified people come up with such legal nonsense? What do the judges think who applied for a job at the UPC?
The UPC proponents act exactly like the Polish government by superbly ignoring the notion of of legally appointed judge.
How can a court be conform with Union law if one of its members can be removed from office without offering him any means of redress? See Art 10 of the statute of the court = Annex I to the UPCA.
The financial interests of the UPC proponents must be extremely high in order to persist in such a way that they ignore fundamental aspects of the legality of the judicial.