Articles for category: English Articles

Scotland, Brexit and Independence

The past month has been important for Brexit developments, with UK Prime Minister Johnson attempting a ‘last minute’ Brexit deal with the EU. In particular, arrangements concerning Northern Ireland have featured prominently. But now, all appears to have been set aside for a December UK general election. However, the UK is composed of four nations, and Scotland’s position in the UK union, often ignored in the Brexit context, now appears near to ‘tipping point’, especially after First Minister Sturgeon’s recent  confirmation that Scotland would hold an independence referendum in 2020.

2. November 2019

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The Criminal Conviction of Catalan Secessionist Leaders and European Human Rights Law

In the controversial judgement of the Spanish Supreme Court against the Catalan secessionist leaders, seven defendants were found guilty of the crime of sedition (amongst others) and sentenced to prison terms ranging from 9 to 13 years. An appeal to the European Court of Human Rights is likely but it is doubtful whether it will be successful.

31. Oktober 2019

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The Erosion of Italian Regionalism

Elections in the small, peaceful, politically stable region of Umbria in central Italy normally go rather unnoticed. This didn’t change when the direct election of regional presidents was introduced in 1995, making Italy the only European country with a presidential system at regional level. The stunning victory of the right not only brought Umbria into the spotlight of national politics but also cast light on the erosion of regionalism in Italy.

31. Oktober 2019

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»Kinderrechte im Grundgesetz« – Chancen und Risiken

Eine Bund-Länder-Arbeitsgruppe, die ihrem eigenen Zeitplan um Monate voraus ist, kommt im parlamentarischen Geschäft eher selten vor. Hintersinnig ließe sich fragen, wovon die Große Koalition durch ihren Eifer zum „Gedöns im Grundgesetz“ (Jestaedt) tatsächlich ablenken will. Immerhin ist es positiv zu würdigen, dass der für Ende des Jahres angekündigte Abschlussbericht der Bund-Länder-Arbeitsgruppe „Kinderrechte im Grundgesetz“ schon am 25. Oktober der Öffentlichkeit vorgestellt wurde.

30. Oktober 2019

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»An Idea Whose Time Has Come«

Human rights institutions have long grappled with the question whether established rights could be violated by environmental degradation. For most people, the short answer is, of course, yes. People have suffered for decades from health impacts of air pollution, contaminated water, odors and the like. The latest global issue to have a huge impact on the enjoyment of rights is climate change. Despite the close link between environmental degradation and the enjoyment of rights, international human rights law does not, as yet, recognize a right to a healthy environment as a human right.

29. Oktober 2019

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Article 50 TEU as Legal Basis for Future Relations?

Whatever form Brexit takes (if it takes place), it will have major legal, economic, practical and political consequences. An extension of the withdrawal date will probably provide sufficient time for much needed scrutiny of the new Brexit Deal negotiated between UK and the EU. It is in that light welcome that calls for examination by both the House of Commons and the European Parliament are now raised. An issue that has however not come up yet is whether the Withdrawal Agreement complies with Article 50 TEU – a failure which might have profound consequences.

28. Oktober 2019

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Constitutional Conflicts

Can the actions perpetrated by the leaders of the secessionist movement be understood to be crimes under Spanish law? Does the Spanish Constitution or international law protect those actions in the name of fundamental rights, including the right to protest? The Spanish Supreme Court deals with these issues in its lengthy opinion. A reply to José Luis Martí's assessment of that decision.

25. Oktober 2019

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