Articles for category: AAA General

Miller II, Part II?

Earlier this week, Canadian Prime Minister Justin Trudeau announced that he would resign as Prime Minister once a new Liberal leader was selected. He also revealed that he had advised the Governor General to prorogue Parliament and that she had granted the request, with Parliament set to return on March 24. Following the Prime Minister’s announcement, a judicial review application was filed in Federal Court challenging the prorogation. In this blog post, I analyse what we know about the legal challenge so far.

10. Januar 2025

, , , ,

How the EU Commission Backs up Pushbacks at the EU-Belarussian Border

In December 2024, the European Commission issued a communication to the European Parliament and the Council discussing the current situation of so-called ‘hybrid threats’ at the EU-Belarussian border. With the goal of stopping irregular arrivals of migrants and its facilitation by Belarus and Russia, the EU Commission outlines how EU primary law, namely Art. 72 TFEU, could be utilized by Member States to circumvent the Common European Asylum System (CEAS) and curtail the protection afforded by fundamental rights for migrants. By advising member states to make use of this legal pathway for the current situation at the EU-Belarussian border, the EU Commission indirectly justifies the current pushback practices from Poland, Lithuania and Latvia.

7. Januar 2025

,

Territorial Concessions to the Aggressor

How can Russia’s war of aggression against Ukraine be brought to an end? With recent proposals by the Trump transition team, a possible peace treaty with Ukraine and Russia is gaining renewed attention. Gregory Fox predicts that “territorial transfers […] would likely be at the heart of any agreement”. The rule on coerced treaties (Art. 52 VCLT) poses a major legal obstacle to territorial concessions to an aggressor state. Under that rule, a treaty is void if its conclusion has been procured by an unlawful threat or use of force. That notwithstanding, a treaty invalid under Art. 52 VCLT can be validated by the UN Security Council (UNSC), a solution that is also compatible with jus cogens.

6. Januar 2025

, ,

Can the Rule of Law Be Restored by Violating Its Principles?

This post concerns one of the crucial problems of transitional constitutionalism after a period of democratic and rule of law backsliding: how to restore the principle of the rule of law? Are there circumstances when, during this restoration, the principles of the rule of law are allowed to be violated? For instance, when the violation of the rule of law was an important tool to exercise arbitrary power, as was the case before the 1989-1990 East-Central European democratic transitions?

3. Januar 2025

, , , ,

BVerfG erklärt Krankenhausvorbehalt bei ärztlichen Zwangsmaßnahmen teilweise für verfassungswidrig

Das Bundesverfassungsgericht erklärte am 26. November 2024 den Krankenhausvorbehalt für ärztliche Zwangsbehandlungen (§ 1832 Abs.1 Nr.7 BGB) teilweise für verfassungswidrig. Zwangsmaßnahmen dürfen in Ausnahmefällen auch außerhalb eines Krankenhauses durchgeführt werden, wenn die Verbringung erhebliche gesundheitliche Beeinträchtigungen verursachen würde und der Krankenhausstandard vor Ort nahezu erreicht wird. Die Entscheidung stellt das Schutzkonzept des Gesetzgebers infrage, der Zwangsmaßnahmen als letztes Mittel im stationären Setting sichern wollte. Bis zur Neuregelung (Frist: 31.12.2026) gilt die bestehende Rechtslage fort.

2. Januar 2025

, ,

From Objectives to Obligations

On December 13, 2024, the International Court of Justice (ICJ) concluded the hearings of the advisory proceedings on State obligations in respect of Climate Change. On the last day of the hearings, judges posed four questions to participants to be answered within a one-week timeframe. The Judges enquired about State obligations in relation to fossil fuels; the interpretation of Article 4 of the Paris Agreement; the content of the right to a clean, healthy, and sustainable environment; and the significance of declarations made by some States on becoming parties to the UN climate treaties. This blog post will provide a brief exploration of the first two questions and issues raised. 

30. Dezember 2024

, , , , ,

Democracy and the Election Commission of India

As I write this review on the eve of 2025, much hasn’t changed when it comes to the status of democracy in India. If anything, there are increasing concerns that the gains of democratic consolidation since the inauguration of the Indian Constitution are withering away and giving ample space for the entrenchment of a majoritarian, anti-democratic political culture. The vile and morally corrupt politics of the Bharatiya Janata Party (“BJP”) have struck a chord with the voters, who continue to support its exclusionist vision of India.

28. Dezember 2024

, , ,

Merry Christmas, with Hope from Ukraine

In the depths of this dark winter, Shchedryk—the song born from Ukraine’s heart— shines as a gift to the world. It is a testament to Ukraine's resilience, its cultural spirit, and its undying hope for renewal and freedom. As the familiar chimes of Carol of the Bells ring through the air this Christmas, let us hear them not only as a celebration of holiday joy but also as a reminder of Ukraine’s fierce struggle for sovereignty and peace. Merry Christmas, with hope from Ukraine.

25. Dezember 2024