Editorial

Abstract

Moving forward. In spite of all the problems still ahead (neither Brexit, the refugees' crisis, economic troubles or rule of law worries in some Eastern countries have been fully overcome), the EU is starting to move forward. In this edition of UNIO-EU Law Journal we reflect upon some of the challenges that lay before us. The first work, by Rita de Sousa Costa and Tiago Sérgio Cabral is an awardwinning paper about some of those challenges; in particular those posed by the rise of populist and Eurosceptic political forces. The authors try to understand the reasons leading to the Union's "existential crisis"; they conclude that the EU must reform in order to regain their citizens' trust and reinforce democracy. The following text, by Valentina Maglietta, gives us a different view on the same issues. This paper presents an analysis about the difficulties of involving European citizens in the integration process and in the process of political decision-making on vital common issues. For this, the author rethinks the meaning of European citizenship, and of citizenship status in a region without borders. She ends by signalling some areas where progress should be made to encourage a greater sense of integration among European citizens. Next, Yanko Moyano Díaz reflects upon the relationship between actions and political believes. The author finds it essential to establish an epistemological space in which the different levels of the political activity and political thinking can converge and communicate: the level of concrete political actions, the level of the general mechanisms of understanding and the level of the experience of everyday life of the citizens. The following text, by José Igreja Matos, is not a strictly scientific text, but an insider's view on challenges posed to judicial independence by emerging populist political regimes. The author makes a structural analysis of the main constraints to the upholding of an independent judiciary, and gives some suggestions of adequate measures to allow the judiciary to uphold and guarantee the values of Democracy and Rule of Law. On a more specific note, Bettina Steible ponders about the EU support to domestic prosecution of violations of International Humanitarian Law, by analysing whether and to what extent the Union has developed instruments facilitating domestic prosecution of alleged war criminals pursuant to the Geneva Conventions.

The Rule of Law Crisis in the European Union: From Portugal to Poland (and Beyond)

“…To what extent is it possible or legitimate under the Treaties to judicially interfere in matters of an internal nature? 39 This is a meandering crossing, which will require a weighting and balancing, under penalty of Article 19 (1) TEU to become a mechanism of forcible integration 40 , a source of construction of the "European judiciary" 41 .…”