Articles for category: English Articles

Political Pluralism and the Camel’s Back

On 27 April, the High Representative in Bosnia and Herzegovina, Christian Schmidt has unblocked the appointment of the government of the Federation of Bosnia and Herzegovina by overriding the veto of the largest Bosniak party, SDA. The party, currently in opposition, had blocked the appointment of the government. Schmidt's move could be a welcome breakthrough – the country has been ridden by abuses of ethnic vetoes ever since the Dayton Agreement. However, this specific imposition may have detrimental consequences for the future of political pluralism in Bosnia and Herzegovina, and any parties which want to outgrow the existing ethnic division.

17. Mai 2023

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Personalized Law and Social Media

Personalization — a paradigm that has been widely and successfully embraced in other areas of human activity, and primarily on social media — may be ready for the law. Social media as a data source to support personalized law is only suitable for a few areas if life. In those areas, however, personalized standards bear enormous potential.

17. Mai 2023

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National Dialogues as Constitutional Moments

In April 2022, Egypt's President Al-Sisi announced a surprising call for a “political dialogue on national priorities during the current phase.” The announcement formed part of a broader package of reforms that the Egyptian government seemingly initiated, following years of sustained criticism over its human rights record. After a year-long wait, the National Dialogue launched on May 3, 2023. This post will explain why despite some promising features, it is unlikely to effectuate meaningful change, due to certain design flaws and the decision by its Board to preclude the possibility of constitutional change.

17. Mai 2023

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The Invisible Contract

Many users do not realize that by creating a social media account, they are entering into a legally binding agreement with the platform. It might thus be time to radically rethink the principle of contractual informality online. Social media contracts may regain their importance, and users might become more aware of the contractual implications of clicking on the ‘I Agree’ button.

17. Mai 2023

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Social Media Contracts – The Quest for Fairness and the Need for Reform

The social media landscape is changing. The ‚public forum‘ is now filled with citizens selling products, promoting services, charging for subscriptions, and sometimes seeking attention in ways which may not be socially desirable. We ask: How can a space that is becoming increasingly commercialised, monetised, and is a source of income for many nevertheless be fair?

17. Mai 2023

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Please Be Kind and Polite. Or Else…

Britain loves to project an image of polite calmness; of a stiff upper lip; of tea, crumpets, and lashings of ginger beer. The Paddington the Bear Twitter account epitomised this sentiment on the morning of the Coronation, reminding people to ‘be kind and polite today.’ Yet in England's green and pleasant land, as loyal British subjects scoffed their scones, quaffed their Pimm’s and raised a glass to their new Monarch, it was not soft-power but good ol’ fashioned state violence that ensured the historical Coronation went off without a hitch.

16. Mai 2023

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Lithium and Constitutional Change

On 20 April 2023, Chile’s President Gabriel Boric addressed the nation to announce the highly anticipated National Lithium Strategy. Boric announced the creation of a National Lithium Company (which must be enacted by Congress) and the establishment of public-private joint ventures, with a prominent role for the government.  His speech began by referencing the nationalization of copper in the late 1960s and its completion in 1971 under President Salvador Allende. The new lithium strategy has to be understood as something more than merely an economic proposal. It is part of a larger and elusive effort to reconfigure the State.

16. Mai 2023

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Strawberry Fields Forever

Reading the brilliant blog post of my colleague Teresa Navarro, one may get the impression that the situation in Doñana is principally the epitome of an ongoing electoral process. However, the threats to the ecological integrity of that unique natural space emanate from the very origins that justified its protection. The current crisis is but the culmination of the constant and serious threats, caused by the proposed bill to legalize new irrigation and aggravated by incompetence and lack of responsibility of the state, regional and local authorities ignoring the requirements of EU law.

16. Mai 2023

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The Dilemma of Technocracy

A few months before general elections that might result in Slovakia joining Hungary's and Poland's illiberal takeover in Central Europe, its technocratic government is in crisis. This post shows how the weaknesses of Slovakia’s constitutional design have fueled the present malaise, and details the lessons we should draw from it for ordering the relationship between the head of state, parliament and the executive in other parliamentary systems with a directly elected president.

16. Mai 2023

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The National Case for Reforming the EU Treaties

Four arguments of either explicit or implicit importance in encouraging states to engage in Treaty reform in this ‘reform period’ are of decisive importance again now. Many of these arguments have already found their way into political discourse (for example into the cautious opening of the German government to Treaty reform) while others have not. The key to making the national case for Treaty reform may therefore lie in demonstrating to the Member States that these factors make opening-up the Treaties in their national interest.

16. Mai 2023

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