Articles for category: English Articles

Restoring the Rule of Law

Poland has become a real-time laboratory of rule of law restoration. The new government is faced with the fundamental question of how to tackle undemocratic reforms with legitimate, democratic measures. Avoiding obstruction by the affiliates of the outgoing regime and suppressing the desire for retribution by the injured parties presents the biggest challenge. Yet, the Polish government has a rare occasion to lead by example on how to solve the rule of law crisis not only by legal, but also political means.

18. Dezember 2024

, ,

The Winding Road To The Mountaintop

In the Rule of Law in Poland Action Plan, the Polish government outlined its approach to restoring the rule of law in the country. It might have been a good starting point for developing the concept of restoring the rule of law. However, it remains unsatisfying that, after so many years of discussing the collapse of the rule of law, more elaborate ideas for its restoration were not put on the table, and the Action Plan lacks concrete proposals.

18. Dezember 2024

, , ,

Why Taiwan’s Constitutional Court Is in Danger

Legislators from the leading party in Taiwan’s Legislative Yuan are moving to pass an amendment that could effectively paralyze the Constitutional Court. Under the proposed changes to the Constitutional Court Procedure Act, the Court may find itself unable to carry out its constitutional mandate. This week, Taiwan’s Legislative Yuan will deliberate the amendments. If the amendments are passed in their current form, Taiwan could face nothing less than a full-blown constitutional crisis.

18. Dezember 2024

, ,

The 2025 Polish Presidency of the Council

Poland’s 2025 Presidency of the Council of the EU arrives at a moment of political turbulence and high stakes, with security as its flagship theme. This short period will see the return of Donald Trump, the volatile German snap parliamentary election, and the buildup to Poland's own presidential election. While Poland’s government promises a fresh, value-driven approach, its own challenges in fully restoring the rule of law and balancing pragmatism with EU ideals may temper its ambitions.

18. Dezember 2024

,

Politicizing Constitutional Review

In July, the Finnish Parliament passed the Act on Temporary Measures to Combat Instrumentalised Migration. The Constitutional Law Committee, a Parliamentary organ in charge of ex ante constitutional review of legislation, greenlighted the Act despite the fact that all of the 18 legal experts it consulted found it to be in conflict with the Constitution, human rights obligations and EU law. This sparked a discussion about the politicization of the Committee and the role its experts play both in the Committee and the media. In this blog, I argue that the Committee’s politicization is visible in how it dressed political arguments as legal when assessing the law.

16. Dezember 2024

, ,

EU Citizens‹ Right to Join Political Parties

The Maastricht Treaty formally created the concept of citizenship of the European Union, based upon holding the nationality of a Member State. Now provided for in Article 20 TFEU, EU citizenship includes the right for EU citizens to vote in municipal and European Parliament elections in a Member State other than that of their nationality on the same basis as nationals. Two recent judgments by the Court of Justice enhance the role of EU citizenship as regards political rights, but its recognition of the importance of national identity in this area means that Member States can still place some limits on non-nationals’ role in politics.

16. Dezember 2024

, ,

Shooting Democracy in the Foot?

On December 6th, the Romanian Constitutional Court (CCR) annulled the Presidential Elections. The CCR’s decision followed the disclosure of intelligence documents on December 4th. These showed Russian interferences in the electoral process and campaign, via propaganda and disinformation. The gravity of the violations evidenced by the documents released, coupled with the many concerning declarations by Călin Georgescu, made the CCR’s intervention vital. However, the modalities of and belatedness of the CCR’s and the Romanian authorities’ response with respect to this unfolding mess do nothing but exacerbate the root causes of Georgescu’s win, bolstering his claim that democracy is being denied to the people of Romania.

13. Dezember 2024

, , , , ,

Regulating AI at Europe’s Borders

How does the EU's AI Act affect migration and border management? This blog examines the critical gaps and challenges posed by the classification of high-risk AI systems, revealing how exceptions and loopholes amplify fundamental rights risks and accountability gaps. The analysis points out the need for stronger oversight and higher standards to protect the rights of individuals affected by AI-driven migration technologies.

13. Dezember 2024

, ,

Integrating Artificial Intelligence in Ukraine’s Courts

This post examines Ukraine’s recent steps toward AI integration in the courts, highlighting initiatives and plans for the future. While these efforts reflect a growing recognition of AI’s potential, they also reveal limitations. Concerns surrounding AI, such as data security and confidentiality, reliability, transparency, explainability, accountability, fairness, and bias, are just as significant in judicial contexts as they are in other areas.

12. Dezember 2024

, , ,