Articles for category: AAA General

The EU Charter’s Odyssey

Since its inception, the Union has grown into a tremendously powerful political actor through ever-increasing legal harmonization. This development has significantly marginalized the role of national apex courts – the lighthouses of democracy. Moreover, the globally observed trajectory of authoritarian forces is shaking EU's roots and questioning the vision of a lasting European polity. To fend off all these challenges, the Union should be centred around the hard-won humanistic freedoms and common values defined in the Charter, serving as a basis for common identification and a canvas to project shared visions of a political entity.

30. Oktober 2024

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Managing Migration the Italian Way

The Italy-Albania deal provides a new, some say innovative, approach to externalization in migration procedures. It differs from the current EU toolbox, raising issues related to these differences and the treatment of procedural rights. Where these issues arise and how they will be litigated nationally and/or in front of the ECJ is unclear but will shape migration discourses beyond Italy.

29. Oktober 2024

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A Leap Forward for Biodiversity Litigation

On 23 October, 2024, BUND (Friends of the Earth Germany) and several individuals filed a constitutional complaint mirroring the Neubauer case, but directed at the biodiversity crisis. The claimants seek a declaration from the Federal Constitutional Court (FCC) that the lack of a coherent scheme for the protection of biodiversity infringes fundamental rights and seek an order from the court for the legislature to take the necessary measures to adopt an appropriate, legally binding protection scheme within a clear timeline. This case presents a significant development in the field of strategic biodiversity litigation as the first systemic government framework case. It can be seen as the Urgenda of biodiversity litigation.

29. Oktober 2024

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The Missing Chapter

The European Commission’s Annual Rule of Law Report aims to prevent further rule of law backsliding within the EU by examining the rule of law situation in Member States. However, the report is missing an important chapter: the EU itself. On 28 October 2024, the Rule of Law Clinic (CEU Democracy Institute, Budapest), together with experts from across Europe, began bridging this gap by publishing the first report on EU adherence to rule of law standards. Without a meaningful self-assessment of its own compliance with rule of law principles, the EU weakens its credibility, particularly when addressing systemic non-compliance with EU law by Member States.

28. Oktober 2024

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Football at a Crossroads

The CJEU shook the world of football with its Diarra ruling on Friday, October 4. The impact of the ruling is all but a surprise for me. In a way, the FIFA transfer system was always on shaky legal grounds in terms of EU internal market law. Now, the chickens have come home to roost and key parts of the football transfer system have been brutally set aside. I aim to explain why the Diarra ruling marks a crucial turning point for football, its economy and even its identity.

25. Oktober 2024

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Why Teaching International Law Should Be an Antiracist Endeavour

Teaching international law as an antiracist endeavour is essential for addressing the historical and systemic biases that continue to shape the field. The text argues that by diversifying the curriculum, employing critical pedagogy techniques, and promoting active learning and engagement, educators can help students develop a more comprehensive and nuanced understanding of international law and its impact on diverse populations.

25. Oktober 2024

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Do Sanctions Work?

After Rhodesia's 1965 unilateral declaration of independence, which upheld white minority rule, sanctions were imposed to challenge the regime. However, support from allies like South Africa helped circumvent these restrictions, revealing the limitations and mixed effectiveness of sanctions.

24. Oktober 2024

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