Articles for category: AAA General

Putting the Record Straight About the Spitzenkandidaten 

In the last few weeks, a great deal of nonsense has been said about the concept of the Spitzenkandidat. Some accuse the European Parliament of a power grab, subrogating the lawful role of the European Council in choosing the new Commission President. Others trivialise the role of the Parliament and doubt the democratic credentials of the process. Many believe that the candidate must always be drawn from the largest party come what may. All these assertions are wrong. The election of the Commission President is a joint endeavour between Parliament and Commission, democratically legitimate, and fully in conformity with EU law.  

3. Juli 2024

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France’s Legislative Elections and the Uncertain Path to 2027

As most expected, Marine Le Pen’s Rassemblement National (RN) was the clear winner of the first round of the snap legislative elections in France, unexpectedly called by President Macron three weeks ago. Le Pen’s party, allied with a rump Les Républicains, led by Eric Ciotti, obtained 33.1% of the votes. A coalition including moderate and radical left parties, the Nouveau Front Populaire (NFP), came second with 28.1%, while the centrist parties supporting Gabriel Attal’s government received 21.3%. The mainstream right Républicains who refused to ally with the RN stopped at 6.6%. The RN confirmed its strong showing at last month’s European elections and more than doubled its votes in comparison to the last legislative elections of April 2022. Yet, an RN-led government is not a foregone conclusion.

2. Juli 2024

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Ukraine, the Netherlands and 26 Third States Without Russia Before the ECtHR

The hearing in the case of Ukraine, the Netherlands v Russia lasted four hours and twenty-five minutes. more than double than an “ordinary” Grand Chamber hearing. These four hours and twenty-five minutes are an important milestone in what is undoubtedly one of the most important set of cases in the history of European Convention on Human Rights. They cover more than ten years of Russian activities in Eastern Ukraine, including the open war of aggression since February 2022. The number of third parties involved in the proceedings likewise renders the case extraordinary.

1. Juli 2024

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Growing the Living Tree

On 21 June 2024, the High Court of Namibia in Friedel Laurentius Dausab vs. The Minister of Justice unanimously held that laws criminalizing same-sex relationships are unconstitutional and invalid. The judgment significantly advances anti-discrimination law jurisprudence in Namibia, particularly in relation to the grounds of sexual orientation and the interpretation of constitutional equality provisions.

28. Juni 2024

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A Global South Perspective on Loss and Damage Litigation

In June 2024, delegates undertook two-week-long negotiations at the UNFCCC Bonn Climate Change Conference. These meetings concerned the modalities of the newly instituted Loss and Damage (L&D) Fund and the provision of financial assistance to developing countries. In this piece, we reflect on the future interactions between the L&D Fund and litigations regarding L&D. We argue that these two phenomena must be seen as having a synergistic relation, effectively benefitting the Global South.

27. Juni 2024

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The Lighthouse of EU Law Shines on the Polish Constitutional Tribunal

Last week, legal scholars from all over the world met in Freiburg at the ConTrans conference. On the one end of the spectrum, scholars like Woijcech Sadurski advocated for a revolutionary approach, simply dismantling the current Tribunal and re-building it from scratch. On the other end stands Adam Bodnar, who stressed the importance of legality in the transition process. In my view, EU law shines a possible way ahead – it can justify disregarding the Tribunal’s decisions and empower ordinary courts to assume the Tribunal’s jurisdiction. Eventually, this would lead to a decentralised constitutional review.

26. Juni 2024

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In Favour of the Hungarian Council Presidency

On the 1 July 2024, Hungary will start its second EU Council Presidency. In light of Hungary’s continuous breaches of the rule of law, questions have been posed whether the Presidency could be postponed or cancelled (also here). However, given the mere informal powers of the Presidency, I argue that the real damage is rather limited, especially because the Hungarian Presidency takes place just after the European elections. Finally, the Hungarian Presidency may even improve the connection of its citizens with the EU and show the best version of itself to the other Member States.

26. Juni 2024

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Secret Campaigns and Masked Messages

Every election season in India reignites a familiar concern: the pervasive influence of financial resources on the democratic process. While the Election Commission of India, in conjunction with the judiciary and various state apparatuses, consistently underscores the link between monetary power and electoral outcomes, a significant loophole persists. This blogpost examines that loophole: the unchecked power of surrogate advertising on social media platforms and uncovers the systemic failures that enable political parties to exploit these gaps, perpetuating financial inequalities in the democratic process.

26. Juni 2024