Articles for category: English Articles

Managing the Backlash? The PACE and the Question of Participation Rights for Russia

The Parliamentary Assembly of the Council of Europe is currently meeting in Strasbourg for its autumn session. Today, its 306 members eligible to vote had to face a crucial choice: Should they approve the amendment on the participation rights of national delegations, thus allowing Russia’s delegation to regain at least some participation rights, and hopefully resolve the looming financial crisis faced by the Council of Europe – or not?

9. Oktober 2018

Can An Article 50 Withdrawal Notice be Revoked? The CJEU is Asked to Decide

The legal issue of whether the United Kingdom can change its mind and revoke – unilaterally – its notified intention to withdraw from the European Union has been a matter of academic and professional conjecture since the 2016 referendum. An authoritative interpretation of the issue may be delivered by Christmas following the lodging on 3 October 2018 of a request by the Scottish Court of Session for a preliminary ruling in Case C-621/18 Wightman and Others. 

8. Oktober 2018

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Democratic Decay Resource (DEM-DEC): Third Monthly Bibliography Update-October 2018

DEM-DEC is Having its Formal Launch on 22 October DEM-DEC will be formally launched on Monday 22 October with a panel discussion and reception at the University of Melbourne. The panel discussion – titled ›Is Democracy Decaying Worldwide? And What Can We Do About It?‹ – will provide an overview of democratic decay across the globe, with experts providing detail on four selected states: Poland (Wocjiech Sadurski); Venezuela (Raul Sanchez-Urribarri); India (Tarunabh Khaitan); and Australia (Cheryl Saunders). The full programme and details are on DEM-DEC. The DEM-DEC Bibliography The DEM-DEC Bibliography is provided on the Democratic Decay Resource (DEM-DEC) at ... continue reading

7. Oktober 2018

»Existential Judicial Review« in Retrospect, »Subversive Jurisprudence« in Prospect. The Polish Constitutional Court Then, Now and … Tomorrow

Does anybody still remember what has happened to the Polish Constitutional Court – the first institution to be razed to the ground by the Polish counter-revolution? The “new court” that has emerged from the rubbles of the rule of law has more than readily embraced a new role of serving its political masters. The transformation of a once-proud and respected institution into a pawn on the political chessboard painfully reminds us of how deep off the cliff Poland has fallen in just three years.

7. Oktober 2018

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Executive and Legislative Organs of Hungary Disobey Court Rulings

Freedom of information is a heavily used tool of journalists and NGOs in Hungary, and a right protected by the courts and the Constitutional Court – but in some cases, even in very high profile cases, the process stops there. The judgement is not enforced, and the right to know remains theoretical and illusory, rather than practical or effective. Enforcement is increasingly eroded, which demonstrates the weakness of the Hungarian rule of law state.

2. Oktober 2018

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