Articles for category: English Articles

EU’s Involvement in the Renewal of the Spanish Council of the Judiciary

The growing political polarization of Western liberal democracies often leads to situations of political deadlock that require the intervention of an external authority capable of untangling the knot. After the second (fruitless) meeting held today between Commissioner Reynders and representatives of the Spanish government and the main opposition party, there is no simple solution in sight to an issue of the renewal of the Spanish Council of the Judiciary with significant implications for the immediate future of the Spanish political scenario. In this blog, I argue that underneath all the technical layers of legal order invoked under the generic defence of the rule of law, there are political and democratic debates for which the EU may play an important yet uncertain and questionable role.

19. Februar 2024

, , ,

Restoration of the Polish Constitutional Tribunal as Reading the Constitution Forward

The question of how to restore the fallen and degenerated body that once was the Polish Constitutional Tribunal is finally to make its way to the Parliament this week. The stakes are clear: If we get lost in legalese and accept half-baked solutions, it will taint all ambitions and legislative projects aimed at restoring the rule of law in Poland. To avoid this mistake, the “fake court” should be “zeroed out” and newly appointed.

19. Februar 2024

, ,

Trump’s Trials for Democracy

It is hard to imagine a stable democracy having to confront the legal challenges presented by Donald Trump’s bid for reelection.  Courts have found him to be responsible for sexual assault, defamation and fraud, all in relatively quick succession. Taken together with repeated acts of demagogy and cruelty, the various legal proceedings reinforce the sense that Trump simply does not belong within the bounds of legitimate democratic contestation. But the charges against him thus far are civil claims that have no formal bearing on his bid for office. Nor do they seem to affect public opinion as the polarized electoral environment has little intermediate play that might be swayed by scandal, legal condemnation, or even the sense that enough is enough.

19. Februar 2024

, , ,

A Hobgoblin Comes for Internet Regulation

Recent laws in the US, along with the Digital Services Act (DSA), seek to provide “due process” for individual content moderation decisions. Due process, understandably enough, often contains a component of treating like cases alike. It seems to follow, then, that if two relevantly similar users are treated differently, there is a problem of inconsistency, and that problem might be addressed by requiring more “due process” in the forms of appeals and clear rules and explanations of those rules to offenders. But it is said that consistency is the hobgoblin of small minds. In internet regulation, it is a damaging goal if taken as a mandate to make individual decisions uniformly consistent with each other.

19. Februar 2024

From the DMCA to the DSA

On 17 February 2024, the Digital Services Act (DSA) became fully applicable in Europe. The DSA's new approach fundamentally reshapes the regulation and liability of platforms in Europe, and promises to have a significant impact in other jurisdictions, like the US, where there are persistent calls for legislative interventions to reign in the power of Big Tech. This symposium brings together a group of renowned European and American scholars to carry an academic transatlantic dialogue on the potential benefits and risks of the EU’s new approach.

19. Februar 2024

, , ,

The Triumph of Evil

Putin's regime finally murdered Alexei Navalny, a Russian patriot and freedom fighter. Regardless of how the events on 16 February unfolded, his death is a direct result of the actions of Russian state agents who had long been working towards his death. Putin’s belief in his absolute impunity, reinforced by appeasement, was a decisive factor that facilitated Alexei Navalny's murder. However, what happened to Navalny must not happen to Vladimir Kara-Murza, Aleksei Gorinov, Ilya Yashin, and many others. Navalny’s death is a huge loss for all Russians who believe in a free and peaceful future for their country, but also for Europe and the world.

18. Februar 2024

, ,

In Search of a Methodical Approach to Seat Apportionment in the European Parliament

The European Parliament is once again trying to tackle the problem of how to apportion its seats between member states. In one of those rare Treaty instances, Parliament is obliged to initiate this procedure itself [Article 14(2) TEU]. It has so far failed in this obligation, and finding a decent solution still proves difficult. However, on 14 February 2024, the Parliament’s Constitutional Affairs Committee (AFCO) organised a workshop to consider three alternative formulae, all of which respect the principle of degressive proportionality. The blog outlines these proposals and explicates the challenges of the search for a methodical approach to seat apportionment in the European Parliament.

16. Februar 2024

, ,

Heyday of Autocratic Legalism in Slovakia

Slovakia’s parliament approved an amendment to its criminal code and associated legislation that, if it comes into effect, will significantly reduce the prescription periods for various crimes including rape, the penalties for others, and abolish the Special Prosecutor’s Office. Despite a narrative claiming to commit to restorative justice by reducing lengths for prison sentences and implementing a more diverse set of conviction options, the legislative changes perpetuate violence through autocratic legalism on the vast majority of the Slovak population, and especially those vulnerable to abuses of power. This assault on the criminal legal system in Slovakia by the ruling illiberal coalition is expected to put the Constitutional Court under pressure.

16. Februar 2024

, , , ,

Why the Russian Constitution Matters

Russia’s failure to become a democracy after the collapse of the Soviet Union is not an inevitable product of its history. On the contrary, it has been shaped by the adoption of a constitutional system of centralised power in the office of the president. Long term democratic reform will require more than just Putin leaving the office of the presidency. Avoiding a system of ‘Putinism without Putin’ will also require a new Russian constitutional foundation that breaks with centralisation and reshapes the later structural chapters of the constitution to balance power between institutions.

16. Februar 2024