Articles for category: English Articles

The Legal Form of Animals in Global Value Chain Law

The Charter of Fundamental Rights of the European Union makes no mention of animals—a silence that reflects a broader pattern across EU law, including in Global Value Chain Law (GVC Law), which governs the legal infrastructures of global economic activity. Animals hold no particular legal status in this domain, revealing striking parallels in how law has historically shaped and domesticated both human and animal life. Rethinking this shared legal trajectory sheds new light on the social condition underpinning the fundamental values of EU law.

Cecilia Medina Quiroga

Lawyer, judge, professor, UN legal expert, researcher – forced to start over repeatedly, Dr. Cecilia Medina Quiroga has earned herself nearly every title you could think of in the field of law. Above all, she is a specialist in international human rights law who truly believes that women’s rights can be advanced through the application of human rights. Her perspective has contributed to the development of women’s rights protection, notably in the Inter-American Court for Human Rights’ historic “Cotton Field Femicide” case over which she presided.

A European Charter of Fundamental Human Obligations

The effort to anchor animal rights in the European Charter of Fundamental Rights has gained relevance in light of the widespread commodification of animals within the EU’s market-driven integration process. While commendable in principle, incorporating animal rights into the Charter risks serving a largely symbolic function if it diverts attention from the more pressing task of reconfiguring what I take to be the six foundational institutions of private law in capitalist political economy: property, contract, corporation, tort, labor, and consumption. These institutions reinforce the binary between the human subject and the other-than-human object, a division that enables the commodification of non-human beings.

Animal Law Jurisprudence in the EU and Beyond

Animals have largely been left out in EU law scholarship and environmental law studies. The role of the EU Charter of Fundamental Rights has not been discussed to any greater extent. In this symposium, we discuss the pros and cons of the EU Charter for securing sufficient animal protection in the Member States. More specifically, the contributions in this symposium explore a number of questions such as that of the legal standing of animals and animal rights in the context of the EU, and reflecting on the relationship between animal rights and the EU.

In the End… Who Cares?

On 3 June 2025, the Grand Chamber of the European Court of Justice delivered its judgment on the Kinsa-Case. At the core of the matter were the criminal charges of a third-country national for the facilitation of unauthorized entry of two minors in the territory of an EU Member State. With this ruling, the Court takes an important step towards the de-criminalization of care for migrant children who are seeking international protection. However, the Grand Chamber’s reasoning offers limited considerations on the relevant links between “actual care”, humanitarian assistance, and migrant children’s rights. This shortcoming may ultimately curb protection standards of migrant children in future cases

U.S. Attacks on Iran

Israel and the United States attacked Iran in mid-June 2025 with the aim of ending its nuclear program. Iran counter-attacked. While some world leaders justified what Israel and the U.S. were doing, they did so in line with political deterrence theory, not the plain terms of the United Nations Charter. The lawful use of force in self-defense depends on an armed attack occurring. Concerns over nuclear weapons are to be resolved through treaties and negotiations. Honoring deterrence theory over the law is undermining the surest path to peace.

Private Wealth, Public Doubt

Public officials having to disclose their private wealth is a powerful anti-corruption tool that led to the imprisonment or dismissal of hundreds of corrupt public officials across Europe. In Romania, this included ministers and a Parliamentary President. Despite this success, the Romanian Constitutional Court now substantially undermined the effectiveness of asset declarations: it declared the online publication of declarations unconstitutional and invalidated the provision on declaring wealth of adult family members of public officials. There are two reasons for other governance-reforming countries not to follow this case law.

Managing Migration the Italian Way II

Eight months after first exploring the legal contours of the “innovative” Italy-Albania Protocol and its temporary suspension following the Court of Rome’s refusal to validate the detention of the first group of asylum applicants transferred to Albania, this post turns to a new and potentially game-changing development: a preliminary reference to the European Court of Justice (ECJ), submitted by the Italian Court of Cassation on 20 June 2025. The referral raises doubts about the compatibility of the scheme with both the Return Directive (RD) and the Asylum Procedures Directive (APD). This move adds fresh legal uncertainty to a deal already under intense scrutiny and could significantly impact its implementation.

The European Union’s Fantastical Constitution

Recently, von Bogdandy and Spieker decided to boldly go where not even they had dared to go before. To overcome the possible Hungarian veto on prolonging EU sanctions against Russia, they propose that the explicit requirement in Article 31(1) TEU for such decisions to be taken by the Council acting unanimously should be overcome on the basis of Article 2 TEU. In their view, a Hungarian veto against further sanctions would violate the value of solidarity and the Hungarian vote should therefore not count. We argue that this would launch us into a whole new, and in our view, dangerous galaxy.