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Berlin Administrative Court's Decision Overturns Previous Ruling;Marker of Judicial Overhaul

Border rejections are unlawful, urging swift action from the union, insists our writer.

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Border rejections deemed illegal: The Union urged to swiftly change course, our writer insists on a...
Border rejections deemed illegal: The Union urged to swiftly change course, our writer insists on a different direction

Berlin Administrative Court's Decision Overturns Previous Ruling;Marker of Judicial Overhaul

The Lowdown: When National Law Clashes with EU Law

Number one rule: National law can't trample EU law! That's the gist. Let's dive into some real-life examples and consequences of that misstep:

When National Law Crosses Red Lines, EU Law Style

  1. Golden Tickets through Citizenship*: The Court of Justice of the European Union (CJEU) tossed Malta's citizenship by investment program out the window, sketchy as it undermines the very essence of being an EU citizen. See, it's all about forging a genuine connection, not just flashing the cash![3]
  2. *Squashing Pride Marches and the Rule of Law:](https://edition.cnn.com/2020/01/28/europe/hungary-eu-budapest-pride-march-discrimination/index.html) Hungary, you've got a ban on the Budapest Pride march, and 20 EU member states are giving you some serious side-eye. They reckon you're breaching EU law by sidelining LGBTQ+ rights, eroding the rule of law within the EU.[2]
  3. *Snubbing EU Sanctions:](https://www.reuters.com/legal/government/eu-cracks-down-on-sanctions-evasion-2021-07-09/) The EU's got the big stick to swing if you try to dodge its sanctions. It's all about compliance, baby![5]

What Happens When Border Rejections Contravene EU Law?

When a member state gives boot to individuals without following EU law, there are some hefty penalties:

  1. European Commission's Legal Showdown: EU Commission, ready for battle! They can slap infringement proceedings onto the offending member state, which could mean hefty fines and more if the European Court of Justice is on their side.[4]
  2. Reputation Takedown and Diplomatic Drama: Ding, ding! Your rep takes a hit within the EU, and other member states might bring on the diplomatic heat, just like they have with Hungary over their rule of law issues.[2]
  3. Bye-Bye EU Funds: If things get real messy, the EU might yank funds that many member states rely on for development projects and social programs.[4]
  4. *EU Citizenship Rights Goes for a Tumble:](https://ec.europa.eu/info/policies/justice-and-fundamental-rights/citizenship/right-free-movement-within-eu_en) Violations can jeopardize citizens' rights, including the right to move freely around the EU, a core EU principle.[3]
  5. Misappropriating the essence of EU citizenship, as seen in the Malta citizenship by investment program case, clashes with EU policy-and-legislation and can lead to the reversal of such questionable practices.
  6. Non-compliance with EU laws, such as the ban on the Budapest Pride march, can instigate political tensions and potentially lead to consequences like sanctions and reputation damage within the EU.

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