Articles for category: AAA General

Challenging Safe Access

Safe Access Zones (SAZ) in Great Britain, in force since autumn 2024, establish protective areas around abortion service providers and criminalise specific behaviours within these zones. However, ongoing anti-abortion protests raise questions about the practical enforceability of the new laws. This article examines whether SAZ laws can withstand these challenges and argues that they succeed in striking a fair balance between the rights of anti-abortion demonstrators and pregnant persons seeking access to lawful abortion services under the European Convention on Human Rights (ECHR).

27. Mai 2025

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Dismantling Jus Soli

The principle of jus soli has been progressively dismantled in France through the tightening of conditions governing access to French nationality in Mayotte—the 101st department of the Republic and an archipelago in the Comoros located in the Indian Ocean. This restrictive approach was reinforced by the adoption, on 9 April 2025, of a new legislative measure designed to further limit access to birthright citizenship. The Conseil constitutionnel upheld the constitutionality of the contested provisions in its decision of 7 May 2025.

27. Mai 2025

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Georgia’s Foreign Agent Law 2.0

Tolga Şirin recently argued for activating interim measures under Rule 39 of the European Court of Human Rights in cases of political prosecution, such as that of Istanbul’s mayor İmamoğlu. This argument gains renewed urgency in light of Georgia’s proposed foreign agent law. Indeed, as civil society organizations (CSOs) face the threat of criminal sanctions under “Foreign Agent Law 2.0”, Rule 39 could become their last remaining remedy.

27. Mai 2025

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Fury and Surprise Anchored in Dogmas and Myths

The Court of Justice’s judgment in Commission v Malta has created quite some upheaval. That the judgment has caught so many legal commentators wrong-footed can be attributed to the fact that both sides overwhelmingly come from the premise that Member States are sovereign to decide who their nationals are and that there is no such thing as a genuine link requirement for nationality. This blog takes a closer look at these alleged certainties, and sets out why the judgment is not that surprising at all – lifting the veil of untenable dogmas and mystifications that have surrounded Declaration No 2 and the Court’s Micheletti judgment for too long along the way.

26. Mai 2025

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Taking Labour Law for a Ride

“Decent work in the platform economy” is one of the items the ILO will discuss during its upcoming 113th International Labour Conference from 2 to 13 June 2025 – a first in the ILO’s history. That proper classification of the employment relationship is fundamental to the application of fundamental rights was a critical point of contention among countries, employers and workers at the ILO, and thus brought the item on this year’s agenda. Proper classification of employment relationships remains a challenge, not just for the ILO. So, what exactly is the problem and how can we solve it?

26. Mai 2025

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Hot Rule of Law Potatoes

Bulgaria’s civil society has much anticipated a key judgment by the CJEU as concerns over the entrenched capture and politicization of the Inspectorate with the Supreme Judicial Council (JI) continue to cast doubts about judicial independence and accountability in the country. Regrettably, however, the highly formalist ruling will hardly make a difference.

26. Mai 2025

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The Meta Oversight Board in the Trump Era

In its latest decisions following major policy shifts at Meta, the Oversight Board appears to be moving toward a more permissive approach to harmful or discriminatory content. This post argues that such a trend could reshape the boundaries of acceptable speech online and raises pressing questions about the Board’s independence and role in an increasingly politicised content governance landscape.

26. Mai 2025

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From Syrian Revolution to Constitutional Ambiguity

The remarkable yet tragic victory of the Syrian revolution reached its turning point on December 7, 2024. Unlike the coups of the 1950s and 60s, whose leaders immediately sought legal legitimacy, the current de facto ruler, Ahmad al-Sharaa, has declared a five-year transitional period under a temporary Constitutional Declaration. While it formally guarantees equality, the Declaration omits fundamental democratic safeguards and fails to ensure the separation of powers - entrenching a system of self-referential authority and executive dominance that mirrors the authoritarian dynamics of the past.

23. Mai 2025

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