Polish Courts are Our Courts
On Erdogan, Böhmermann, Kaczynski and other ticklish constitutional business.
Articles for category: English Articles
The Global South in Comparative Constitutional Law
What is the role of journals in the North – and concretely this one, run so far almost entirely by Germans? How is a sensible contextualization and reappraisal of its role possible? Who is really asking the questions, framing debates, having conversations? What is the role of printed journals in times of internet, blogs and open access, challenging traditional systems of knowledge distribution? What is the role for South-South scholarly exchanges and cooperation?
Statement by the former presidents of the Constitutional Tribunal: Andrzej Rzepliński, Marek Safjan, Jerzy Stępień, Bohdan Zdziennicki and Andrzej Zoll
Last November, the former presidents of the Polish Constitutional Tribunal issued a joint statement to protest against the subjugation of the Tribunal. Now, as the PiS government is about to effectively bring the entire judiciary under their control, they speak up again.
Family Life Temporarily not Available – Bilateral Limits on Family Unity within the Dublin-System
Germany and Greece bilaterally agreed upon slowing down the family reunification procedures of asylum seekers under the Dublin III Regulation. Now, many doubts and questions surround the exact terms and conditions of the agreement. Who bears the responsibility of delayed transfers? And what can be done to prevent families from being separated longer than legally permitted?
Marriage Equality and the German Federal Constitutional Court: the Time for Comparative Law
The enactment of marriage equality in Germany two weeks ago has sparked a constitutional debate that is taking place in Verfassungsblog like in many other media. There will probably be constitutional challenges to the introduction of marriage for same-sex couples in German law at the level of ordinary laws and without amendment of the German Basic Law, because many believe that a constitutional amendment would have been required. Hence, as it very often happens in Germany, the Federal Constitutional Court will very likely have to decide on the question. However, in the international scene of constitutional jurisdictions it will not need to break any ice.
The Non-Arsonist’s Guide to Constitutionalism
On headscarves, marriage vows, burning Mazdas and other combustible matters constitutional.
Lex CEU: On the Commission’s Refusal to Disclose its Letter of Formal Notice in the Name of Mutual Trust
This post will offer a brief account of my unsuccessful attempts to gain access to the Commission’s letter of formal notice addressed to Hungary on 26 April 2017, that is, the letter adopted by the Commission in response to the adoption by the Hungarian authorities of what has become known as the Lex CEU. Before offering a critical assessment of the Commission’s reasoning, a brief account of the relevant context will be offered. This post will end with some general remarks on the EU’s repeated failed attempts to prevent illiberal not to say authoritarian regimes from consolidating within the EU.
Merkel’s Conscience
On conscientious objection as a method of constitutional interpretation and other ways to have the cake and eat it.
Twenty Years ›One Country, Two Systems‹ in Hong Kong: A Reason to Celebrate?
The 1st July 2017 marks the 20th anniversary of the British-Chinese handover of Hong Kong. Recent developments in Hong Kong illustrate that despite the anniversary, the current state of affairs of ‘one country, two systems’ does not give much reason to celebrate.
Normality and Exception: The Advocate General’s Opinion in A.S. and Jafari
On 8 June 2017, Advocate General Eleanor Sharpston delivered her Opinion in a case that goes to the core of what (infamously) came to be known as ‘refugee crisis’. On a broader, more systemic, level, the Opinion could be read as a history of the present bringing to the fore issues of geographical hierarchies and injustice and solidarity inscribed into the structure of EU law.
