Articles for category: English Articles

We Are Still Here

Eunice Paiva (1929-2018) was a prominent Brazilian lawyer and human rights defender. Married to Rubens Paiva, a congressman who disappeared during the Brazilian military dictatorship, Eunice transformed her grief into activism, denouncing the regime’s violence. The film Ainda Estou Aqui (I Am Still Here), based on the book of the same name written by her son, Marcelo Rubens Paiva, offers a unique opportunity to learn about her fight for the rule of law.

Constitutionally Capturing Pakistan’s Constitutional Courts

In 2024, Pakistan’s parliament passed a constitutional amendment carrying out the most significant restructuring of Pakistan’s superior judiciary in its recent history. This judicial overhaul needs to be analyzed as part of a process of regime realignment. By regime realignment, I mean a ruling authoritarian elite radically altering its supportive political structure and popular bases to expand and extend its hold on power. Based on news sources and conversations with senior lawyers and judges, I will show that this plan for judicial overhaul developed iteratively through a process of intra- and inter-institutional dialogue and conflict that took place during regime realignment.

Corporate Power Beyond Market Power

Elon Musk’s corporate empire spans an impressive array of markets and industries. This empire includes SpaceX (and its subsidiary Starlink), Tesla, Neuralink, The Boring Company, X, xAI, and the Musk Foundation. These corporations are connected and interlinked, creating a cross-corporate power structure. Competition law, which focuses on market power in narrowly defined relevant markets – say, a market for booster rockets – has very limited reach to guard against the possible detrimental effects of such multifaceted concentrated power in the hands of a few on open democratic societies.

The Politics of Forgetting and Foreign Policy

The “politics of forgetting” – as I call the political strategy of omitting or marginalising key historical events in official memory – influences both domestic and foreign policy. Its effects on foreign policy are multifarious. Not remembering a historical event, or selectively forgetting parts of it, enables a certain foreign policy posture. A further issue arises when an event that is “forgotten” or marginalised in national narratives plays a major role in the political constructions of another country.

The Looming Enforcement Crisis in European Digital Policy

The EU's push for stronger digital laws to protect fundamental rights and democracy faces significant challenges due to fragmented enforcement and overlapping regulatory responsibilities. This fragmentation risks undermining the core principles of the EU legal order. A more coordinated, rule-of-law-centered enforcement framework is needed to address these tensions and ensure effective implementation of digital laws while safeguarding fundamental rights.

Karenztage – Falscher Sparversuch auf Kosten der Arbeitnehmer

Die Einführung von Karenztagen in der Lohnfortzahlung im Krankheitsfall wird als Gegenmaßnahme gegen „Krankfeiern“ vorgeschlagen, birgt jedoch erhebliche Risiken. Anstatt den Missbrauch zu verringern, gefährdet sie die soziale Sicherheit der ArbeitnehmerInnen und verkompliziert das bestehende System. Zudem wird die Verantwortung für Missbrauch unzureichend auf die Erkrankten abgewälzt. Historisch betrachtet stellt die Lohnfortzahlung im Krankheitsfall eine wichtige sozialpolitische Errungenschaft und Schutzmaßnahme dar. Letztlich würde die Einführung von Karenztagen nicht nur mehr Kosten verursachen, sondern auch bestehende Kontrollmechanismen schwächen.

Ukraine’s Constitutional Order in Wartime

Ukraine’s constitutional order is facing an unprecedented challenge due to Russia’s ongoing aggression. The war has forced the nation to navigate between maintaining democratic governance and ensuring national survival, all while operating under martial law. The looming expiration of presidential and parliamentary terms has sparked debates on legitimacy of the wartime governance. While wartime elections are neither feasible nor constitutionally required, legitimacy is upheld through constitutional provisions, political consensus, and international recognition.

Legal »heartfelt thinking«

Courts in Ecuador and in many other jurisdictions across the Global South, and increasingly in the Global North, have addressed this recognition of rights to nature in a pluralistic manner. Yet, it is exactly that cacophony of voices and actors that challenges traditional legal thinking. This requires leaving the beaten track and experimenting with new (legal) processes and methods. They can open up a space for experiments that can stimulate legal thinking and contribute to the further development of rights of nature, as illustrated in the following artistic-legal minga in Quito, organized in the framework of the Amazon of Rights project.