Stuck Between Unity and Diversity

The role of the EU Charter in disputes concerning fundamental rights standards between the EU and Member States has been characterized by ambiguity ever since the Charter’s inception. As the EU deepens integration of Member States to effectively face the challenges ahead, I advocate for a pluralistic interpretation of Article 53 of the Charter that allows for a greater degree of accommodation of national particularities. In that way, one would reduce constitutional tensions and find that there may be unity in diversity after all.

2. November 2024

, , , ,

Interviewing EU Judges

Who are the women and men behind the CJEU’s decisions? The CJEU is an incredibly powerful institution, yet little is known about the backgrounds, judicial philosophies, and ambitions of its judges and advocates general. The Union’s “Help Desk,” as CJEU President Koen Lenaerts modestly describes the Court, is now interpreting broad-ranging rules while also giving legal meaning to ambitious and ambiguous values such as the rule of law. This is where the Borderlines archive comes in – we interview the judges and advocates general of the Court of Justice, to learn about their backgrounds, varied experiences, and their jurisprudential philosophies.

2. November 2024

, , , , ,

Three Takeaways from the Nearly Failed EU Referendum in Moldova

Moldova’s accelerated path towards the European Union nearly came to an abrupt halt. On 20 October 2024, the people of Moldova participated in a referendum asking whether they "support amending the Constitution with a view to Moldova's accession to the European Union". While massive Russian interference in the election process is evident (though the full proportion remains yet to be investigated), it would be too short-sighted and also dangerous for Moldova’s future path towards the EU to attribute the outcome of the referendum solely to external interference.

1. November 2024

,

Who Gets to Define Jewish Identity in Germany? 

The German Bundestag is soon expected to vote on a resolution on “protecting Jewish life in Germany” that would tie public funding for culture and science to compliance with the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism. While IHRA’s potential in curbing Palestinians’ political speech has been largely studied, another set of problems should warrant additional attention: the definition’s potential to regulate Jewish political identity into a singular version: one that coincides with the state of Israel. In doing so, it gives the state regulatory power to decide on what is, in fact, a burning question within Jewish circles.

1. November 2024

, , , ,

Reconciling National and European Constitutional Legalities

In light of the increasingly established autonomous European constitutional legality, national constitutional courts are now compelled to reconsider their roles. Through a progressive expansion of its direct applicability by national ordinary judges, the Charter of Fundamental Rights risks fostering the marginalization of national constitutional courts. I argue that the solution lies in a highly differentiated consolidation of constitutional legalities that integrates and embraces the unique roles of national constitutional courts in their respective systems of adjudication.

1. November 2024

, ,

Pouring New Wine into Old Wineskins

The three seemingly trivial observations that follow inform three substantive proposals regarding the protection of fundamental rights within the EU. To address the challenges faced by national constitutional courts and the CJEU, it is essential to leverage existing procedural tools within domestic legal systems. Additionally, expanding the applicability of these versatile tools and considering a structural revision of the judicial bodies may facilitate the creation of hybrid entities that could collaboratively address major issues, thereby steering constitutional developments in the EU.

1. November 2024

, , ,