Articles for category: English Articles

The Executive’s Responsibility for the Constitution

Who is responsible for safeguarding the constitution? Traditionally, constitutional lawyers have focused on the courts. But the alarming actions of Trump 2.0 and democratic backsliding across the world suggests we should think far more about the role of the executive. The UK House of Lords Constitution Committee (“the Committee”) has recently published a report on Executive oversight and responsibility for the UK constitution, which emphasizes institutions, in particular the civil service, as a solution the threats to constitutional governance posed but the executive. But this may be wishful thinking.

31. März 2025

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Silencing Greenpeace

In a stark example of a Strategic Lawsuit Against Public Participation (SLAPP), a United States (US) state court compelled Greenpeace to pay hundreds of millions of dollars for facilitating trespass, conversion, nuisance, defamation, and civil conspiracy. The EU has correctly recognized the harm posed by SLAPPs in so far that they diminish civil society’s capacity to represent under- or unrepresented interest groups, and leverage civil law proceedings to stifle dissent in favor of the economically and politically powerful. Now, we will see if the Anti-SLAPP Directive is robust enough to protect European civil society actors from abusive lawsuits.

31. März 2025

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The Arrest of Istanbul’s Mayor is Textbook Lawfare

On March 19, 2025, police arrested Istanbul Mayor Ekrem İmamoğlu on corruption and terrorism charges. Four days later, on March 23, a judge ordered him to prison pending trial. İmamoğlu is not only the mayor of Istanbul, a position he has held by repeatedly defeating Erdoğan-backed candidates, but also widely regarded as the opposition’s most prominent and promising candidate to challenge Erdoğan in a presidential election. That is why the lawfare waged against him, culminating in his pre-trial detention, is broadly viewed as an attempt by the ruling party to eliminate Turkey’s rising opposition and further consolidate its one-party rule.

28. März 2025

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The White Paper Within the Institutional Constraints

The European Commission’s Joint White Paper on European Defence, together with the ReArm Europe Plan; now “quietly rebranded” as “Readiness 2030”, signals a transformative moment in the European Union’s approach to security. Nevertheless, this strategic shift remains limited to short-term measures, as more permanent frameworks are constrained by lack of political will and institutional obstacles. If not addressed, this will perpetuate a short-term vision that is not capable of addressing also broader hybrid threats to democratic governance and societal cohesion.

28. März 2025

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Everything Comes at a Price

The sale of Union citizenship, which is at the heart of the case against Malta currently pending before the ECJ, has been the subject of feverish writing. With the Court’s judgment nearing, this short blogpost will, however, not opine on what the judgment should be. Instead, it considers the potential effects of a judgment that endorses the (ill-conceived) Opinion of AG Collins that Malta’s nationality by investment scheme does not conflict with EU law.

27. März 2025

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The Price of Getting Duterte

The arrest and transfer of Rodrigo Duterte to the ICC was certainly good news for the heavily beleaguered Court. But the price of getting Duterte could be considerable. The manifest entanglement with Philippine politics is likely to harden Southeast Asian skepticism towards international criminal justice. Existing fears of external politicization are enhanced with a scenario of internal political turmoil, reinforcing Southeast Asian hesitation toward the ICC.

26. März 2025

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Stopping Autocratic Legalism in America – Before It Is Too Late

President Donald Trump’s recent speech to the Department of Justice was meant as a declaration of war against lawyers. His words made clear that the most effective way to consolidate autocracy is by systematically dismantling the independent centers of power that support a healthy democracy, including the independent public prosecutor. As the Executive Orders targeting law firms underscore: the entire legal profession is next. This is no coincidence.

26. März 2025

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From Backlog to Breakdown

Albania’s Vetting Commission recently concluded its mandate, marking a pivotal moment in the country’s judicial reform effort. Since 2016, Albania has enacted significant constitutional amendments aimed at comprehensive reforms. The results of these reforms are now obvious, with notable improvements in the judiciary’s anti-corruption efforts. However, the process itself and some interim decisions have had a detrimental effect on the efficiency of the judicial system, that is now threatening to undermine the outcome of reforms unless urgent measures are taken.

26. März 2025

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Walking Out on Hungary

As the EU steps up its efforts to fund the defence of Europe, Hungary sticks to its policy of undermining those efforts whenever it can. Given that a Member State cannot be expelled from the EU, the Member States should simultaneously withdraw from the EU Treaties under Article 50 TEU and concurrently sign up to new EU Treaties without Hungary. Only this way could the EU effectively stand up to Russia, introduce important Treaty changes, and finally overcome tolerating Putin’s allies within the EU. Perhaps the Hungarian people would eventually join as well.

26. März 2025

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