Articles for category: AAA General

Harvard Under Attack

Seit dem Amtsantritt von Donald Trump als 47. Präsident der Vereinigten Staaten von Amerika vergeht kaum eine Woche, in der wissenschaftliche Einrichtungen nicht attackiert werden. Die US-Regierung macht nun geltend, dass Harvard – und andere Universitäten – gegen Title VI des Civil Rights Acts verstießen, indem sie als „Brutstätten für Antisemitismus“ dienten. Das wirft allerlei verfassungsrechtliche Fragen auf.

Popular Struggle for Democracy in Indonesia

In Indonesia, newly elected President Prabowo Subianto is facing nationwide protests against his democracy-eroding policies. As institutional checks and balances are gradually being dismantled from within and the executive continues to accumulate power, the “Dark Indonesia” protest movement highlights the importance of a critical civil society in safeguarding a country’s democracy.

The EU Free Market Does Not Extend to Citizenship

In the landmark Commission v Malta judgment of 29 April 2025, the European Union Court of Justice outlawed the “commercialisation” of EU citizenship, closing a door for corrupt actors. The Grand Chamber judgment not only bars the Maltese practice at issue, but also casts doubt on the legality of citizenship grants under that and similar schemes, while raising legal arguments for would-be citizens to challenge discriminatory laws.

The Legal Authority (or Lack Thereof) for Trump’s Tariffs

The Trump tariffs have increased the average weighted U.S. tariff to 23% – a ten-fold increase from a year ago. Outside observers have been puzzled about how one person, even the U.S. president, has the power to single-handedly enact such sweeping changes to the U.S. and global economy. In fact, President Trump may not – and in my view, does not – have the power to impose most of his tariffs.

The (TikTok) Ban Is Dead, Long Live the Ban

In 2024, amidst social unrest, the French government banned TikTok in Kanaky-New Caledonia. In April 2025, the Council of State reviewed the ban. This post examines the implications of the judgment through the lens of the legal doctrine on emergency powers – particularly its impact on the separation of powers – and situates it within the broader context of Kanaky-New Caledonia’s ongoing decolonization process from France.

(de) la Tour fait le cavalier

On 3 April 2025, AG de la Tour handed down his Opinion in C-713/23, Wojewoda Mazowiecki, a case concerning the recognition and transcription of same-sex marriage contracted in another Member State between two nationals of the State where recognition was sought. The Opinion states that Member States where same-sex marriage is not permitted must recognise a family bond lawfully established in another Member State. Yet, akin to a knight’s leap in chess, the Opinion sidestepped the question of marriage transcription with a reasoning that does not seem entirely convincing.

Balancing Intellectual Property Protection with the Human Right to a Healthy Environment

This contribution examines the practical ways in which the human right to a healthy environment (HR2HE) can influence the development and interpretation of intellectual property (IP) laws. It focuses on two potential approaches to reconciling this human right with IP: (1) the so-called “internal” reconciliation approach, which essentially uses the HR2HE as an interpretive tool to recalibrate IP law’s own internal rules and mechanisms in a more sustainability-friendly direction, and (2) the “external” reconciliation approach, which views the HR2HE as an independent defence against IP infringement actions that can be invoked in courts to challenge allegations of IP infringement.

Narrowing the Estonian Electorate

On 26 March 2025, the Parliament of the Republic of Estonia amended the composition of the electorate for local government elections. Prior to this amendment, the Constitution had granted voting rights in local elections to all permanent residents of a municipality. A significant portion of these voters were citizens of the Russian Federation or Belarus, or stateless persons originating from these states. The decision to revise the electorate was driven by the Russian Federation’s war of aggression in Ukraine, and increasing influence operations in both Estonia and Europe more broadly.