Articles for category: AAA General

The U.S. President’s Electoral Power Play

On March 25, President Trump signed an executive order (EO) purporting to restructure American election administration. The ironically titled “Preserving and Protecting the Integrity of American Elections” EO sets out to, among other things, require those registering to vote in federal elections to present documentary proof of citizenship, and threatens to penalize states that accept late arriving ballots (i.e., mail ballots that are sent prior to, yet not received until after, Election Day). The EO has several legal deficiencies and much of it should be invalidated by the federal judiciary.

11. April 2025

, ,

The Struggle Is Now

The appeal to future generations as a means to legitimize climate litigation is growing. The idea of advocating for the rights of future generations is closely linked to the recognition of the human right to a healthy environment. However, this appeal – and the conceptual connection it entails –raises various questions. While protecting the planet for future generations is crucial, the legal invocation of future generations remains unclear and inconsistent.

10. April 2025

,

Tackling the Union’s »Orbán Problem« Now

The EU is facing an “Orbán problem”. That much is clear. The Hungarian government not only pursues an illiberal domestic agenda that violates the Union’s values in Article 2 TEU, but also cultivates close ties with autocratic regimes abroad, particularly with Russia. The Hungarian government consistently uses its veto powers to block Ukrainian military aid and dilute sanctions against Russia. The Commission should submit a new proposal under Article 7(2) TEU focusing on breaches of solidarity and threats to the Union’s security.

10. April 2025

, , , ,

Gaming Procedure, Gutting Due Process

The Trump administration has admitted that sending Abrego Garcia to a supermax prison in El Salvador known for human rights abuses was an “administrative error” but contends before the U.S. Supreme Court that there is nothing a federal court can do about that. As I shall explain, the Solicitor General’s argument ultimately rests on the claim that the president who frequently boasts about his abilities as a deal maker is a lousy negotiator.

10. April 2025

, , , , ,

How Hungary’s Withdrawal from the International Criminal Court Affects the Credibility of the European Union

Hungarian Prime Minister Viktor Orbán launched another attack on the rules-based world order. He invited Israeli Prime Minister Benjamin Netanyahu, who is under an arrest warrant of the International Criminal Court (ICC) for allegations of war crimes and crimes against humanity, for a state visit to Budapest. On this occasion, Orbán announced Hungary’s withdrawal from the ICC, which he defined as “a politically biased” institution. With this move, Hungary undermines the EU’s long-standing and consolidated support for the ICC.

9. April 2025

, , , ,

Dodik’s Defiant Secessionist Constitution

The new Draft Constitution, passed by the National Assembly of Republika Srpska on March 13, 2025, represents the culmination of the tensions between the sub-national entity and the central government of BiH. The Draft Constitution is more than an attempt to shield Republika Srpska President Milorad Dodik from criminal responsibility in light of his active arrest warrant. Instead, the sweeping changes introduced in the Draft Constitution mark one of the most drastic attempts to date to use legal reform to defy the constitutional order and institutions of BiH.

8. April 2025

, , ,

The Tipping Point in BiH’s Constitutional Struggle

On 26 February, the Court of Bosnia and Herzegovina sentenced the President of the Republic of Srpska, Milorad Dodik, to one year in prison, with an additional six-year prohibition from holding office. Dodik was found guilty of failing to comply with the decisions of the High Representative in BiH, the office instituted in Annex 10 of the Dayton Peace Agreement. The verdict marks the conclusion of the ongoing tensions between Milorad Dodik and the Office of HR, reflecting broader calls of the former for a return to the “original Dayton”.

8. April 2025

, , , ,

When Guidance Becomes Overreach

From 2 August 2025, providers of so-called “General Purpose AI” (GPAI) models will face far-reaching obligations under the EU’s AI Act. To demonstrate compliance, the AI Act allows providers to rely on a “Code of Practice”, currently being drafted by over 1000 stakeholders under the auspices of the AI Office, and expected to be adopted by the European Commission before August 2025. This post critically examines the third draft of the Code of Practice.

8. April 2025

, ,

Why Recognizing the Right to a Healthy Environment Would Strengthen the Environmental Human Rights Framework under the European Convention on Human Rights

The ECtHR lacks a mandate for general measures aimed at redressing or preventing environmental harm as such. Only the introduction of the environment as the object of human rights protection, through the Right to a Healthy Environment, could trigger the necessary conceptual shift and legitimise the Court and the CoE Committee of Ministers to require member States to take measures such as mitigation of environmental risks and ecological redress.

7. April 2025

, , , ,

Enforcing the Law of Democracy

It was a political bombshell. On Monday, 31 March 2025, Marine Le Pen, leader of the far-right party Rassemblement National (National Rally) in France, was convicted of misappropriation of public funds in the so-called “parliamentary assistants” case. The judgment is marked by an unusual degree of judicial creativity, particularly in its underlying conception of democracy, which may be understood through the lens of militant democracy. Although it does not constitute a political judgment in the traditional, partisan sense, its constitutional and symbolic significance is substantial—and the backlash it has provoked against the judiciary is a cause for concern.

7. April 2025

, , , ,