»Der Fall könnte einen Präzedenzfall für das gesamte Internet schaffen“
Fünf Fragen an Kate Klonick.
Articles for category: AAA General
Story of a Death Foretold
On 30 August 2024, the Brazilian Supreme Federal Court Justice Alexandre de Moraes suspended X (former Twitter) in Brazil. The decision follows a critical deterioration of the relationship between Elon Musk and Brazilian authorities, which became confrontational in April and hit an all-time high point of contention when the tech billionaire closed X's Brazilian office in mid-August. While Musk's attitude towards the Brazilian rule of law can be defined as delinquent, entitled, and anarchist, the Supreme Court’s decision to ban the platform in the country and establish hefty fines for any Brazilian attempting to use a VPN to access it is also controversial. Within the complexity of democratic erosion and digital policy in Brazil, the judicial expansion of power vis-à-vis the struggle against disinformation has been observed at least in the last five years, and the lack of a general legal framework regulating digital platforms supports these immediate but many times inefficient and legitimacy eroding measures.
The Future of the European Green Deal
With the European Green Deal, the Commission has successfully presented a concept for improving climate, biodiversity, and environmental protection in line with Art. 11 TFEU. Most measures proposed by the Commission since 2019 have been adopted by the European Parliament (EP) and Council. However, the focus now shifts to implementation and application, where member states bear primary responsibility. "Law in the books" must become "law in action".
France’s Shifting Constitutional Landscape
France is experiencing a major shift in its constitutional and political landscape. After weeks of uncertainty, President Emmanuel Macron has now appointed Michel Barnier as Prime Minister, sparking new protests against Macron’s actions since the election. From a constitutional perspective, it is becoming clear that the President cannot simultaneously serve as an impartial guarantor of institutions on one hand and the most powerful political actor on the other. While the country’s presidentialist tradition is not over, the era of fait majoritaire — a cornerstone of the stability of the French system — has ended.
Democratizing Draghi
The Draghi Report is now published, outlining the “existential challenge” of European competitiveness going forward. In view of the geopolitical developments of the last several years, the scale of the challenge is difficult to deny, and the need for collective action at the EU level is commensurately intense. Despite these “compelling” reasons and the hoped-for “strength to reform”, however, the Report is hesitant on one crucial point: the EU is apparently not strong enough to undertake Treaty change to fulfil the Report’s ambitious objectives. We believe this approach is legally dubious, politically unwise and, eventually, helps constructing a diffused governance architecture that will fail to tackle the very real challenges the continent indeed faces.
Bangladesh Through the Prism of Doctrine
Bangladesh is currently experiencing a political and constitutional vacuum following the abrupt resignation of Prime Minister Sheikh Hasina after fifteen years in office. To restore order and steer the country towards new elections, the military has announced the establishment of an interim administration. However, debates have erupted questioning the legality of the interim government as it is not provided for in the constitution.
Yayori Matsui
What to do when national and international legal systems fail thousands of survivors of sexual violence? The life and work of Yayori Matsui shows that the fight for justice does not require a legal background. As a journalist and feminist activist, she succeeded in convening a private people’s tribunal to prosecute crimes against women committed by the Japanese army during World War II.
Beyond Doom and Gloom
What can we do now? Civil Constitutional Protection!
Jenseits von Doom and Gloom
Was wir jetzt tun können? Zivilen Verfassungsschutz!
Why Institutional Reputation Matters
Mexico is about to adopt a constitutional amendment to reform the judicial branch. While framed as an attempt to restore the legitimacy and independence of the judiciary, it is, in reality, aimed at capturing the judiciary. In this blogpost, I discuss a key strategy that enabled this judicial overhaul: the President’s persistent and systematic defamatory attacks on the judiciary. I argue that to facing the threat of institutional defamation, we must recognize the importance of the right to reputation.
