Articles for category: English Articles

The Quest for Trump’s Taxes Heads to the Supreme Court

Donald J. Trump is an open book in many respects, but not when it comes to his federal income taxes. Every major party presidential candidate since 1976 has released his tax returns, and candidate Trump pledged that he would do so as well – yet the promised Form 1040 has not been forthcoming. It remains to be seen, however, whether President Trump can keep his tax returns under wraps in the face of a number of efforts to uncover them currently wending their way through U.S. courts.

Stand with Wojciech Sadurski: his freedom of expression is (y)ours

Just days before the trial against Wojciech Sadurski in Warsaw, we write to seek renewal of your support, and for your help in keeping the PiS strategy of coordinated legal harassment against him, and the threat of a criminal conviction and an award of damages against him as well as hefty legal fees, in the public eye. The party believes that it can ride out the storm, and that by ignoring the protests they will eventually disappear. But they will not.

Ursula von der Leyen als Kollateral­schaden des britischen Wahlkampfs?

Als designierte Kommissionspräsidentin durchläuft Ursula von der Leyen derzeit einen Schnellkurs in den Untiefen europäischer Politik. Zuerst mussten drei Kandidat/innen während der parlamentarischen Anhörung aufgeben und der ungarische Ersatzkandidat muss weiterhin zittern. Sodann teilte Boris Johnson am Mittwochabend schriftlich mit, dass seine Regierung keinen Kommissar vorschlagen werde. Seither überschlugen sich die Ereignisse. Am Donnerstagabend eröffnete die Kommission ein Vertragsverletzungsverfahren gegen das Vereinigte Königreich.

Justifying a Coup d’État in the Name of Democracy?

Why is there so much resistance to call the forced resignation of Bolivian President Evo Morales by it's name? To call these events a coup and at the same time to justify and/or being comfortable with them would involve an express rejection of democracy as “the only game in town” and amount to normalizing non-institutional and violent means for the handover of power. The case is a challenge for comparative constitutionalism in general.

When Journalists Weaken Democracy or How to Better Communicate the Rule of Law

Discussing years of controversies between Polish lawyers and the ruling Law and Justice party, the law professor Marcin Matczak concluded: “We won the legal discussions, but we lost the public debate.” Despite manifest violations of the law, Poland’s ruling party did not lose votes in recent parliamentary elections. In Hungary the situation seems to have been even worse. The public debate was not lost, it hardly took place. That’s a problem.

The Impossibility of Upholding the Rule of Law When You Don’t Know the Rules of the Law

On October 28 2019, it became known that the Norwegian Labour and Welfare Administration has been systematically breaching the rule of law for years when it applied the EEA legislation incorrectly in cases of unemployment and sickness benefits and work assessment allowances. According to the Attorney General, at least 48 people have been wrongly convicted of social security fraud, 36 of whom have been sentenced to prison. Later investigations have revealed that the number is much higher. This blatant disregard of the rule of law illustrates what happens when political pressure meets legal professionals, judges and an administration who are blissfully ignorant when it comes to European law.

The Rule of Law Crisis as the Watershed Moment for the European Constitutionalism

Is a soft law instrument the right object of assessment in a situation where most commentators on the ongoing rule of law crisis summarise previous EU actions with the statement: too late, too long, too mild? This piece offers a look at the July blueprint for action as a political declaration which provides important general statements regarding the concept of the rule of law within the EU legal system in times of democratic backsliding in Member States.

The End of Parliamentary Government in Europe

Has parliamentary government, after almost two hundred years of honoured service, come to an end in Europe? The fact that Spain had two elections in seven months and is still nowhere near a stable government is just the latest of many signs that it is indeed so – and I wonder what the ruling classes in the European countries, excluding France, are waiting for in order to take note of the fact and to do, night and day, in order to put in place the necessary remedies.