Articles for category: Allgemein

The EU Is More Than A Constraint On Populist Democracy

Jan-Werner Müller’s eloquent proposal on what the EU should do when one (or more) of its Member States seems to be sliding towards authoritarianism follows the logic of the idea of constrained democracy, put forward in Müller’s recent work on the history of political thought in the 20th century Europe. While I find this vision of the EU appealing (and find Müller’s work on the EU deeply inspiring), I do not think that it is based on a faithful reconstruction of the integration process and the accompanying ‚post-war constitutional settlement‘. I fear that Müller’s idealisation, no matter how well it ... continue reading

25. März 2013

Less Constraint of Popular Democracy, More Empowerment of Citizens

While I share Müller’s concern about the situation in Hungary and Romania, and agree that a ‚Copenhagen Commission‘ might be a good addition to safeguard the basic democratic values in the EU, I differ significantly in the assessment of the nature of the solution. Below, I will first discuss this difference in approach, which focuses less on constraining popular democracy and more on empowering citizens, and then offer some comments on the possible structure and power of the ‚Copenhagen Commission‘. Müller’s argument, as in his fascinating book, is one based on the ethics of containment – that it is necessary ... continue reading

22. März 2013

„What“ versus „Who“: Europe’s Rule of Law Agenda Revisited

As we all know, observance of the „Rule of Law“ is a central criterium for accession. The way this concept is handled in the enlargement process raises a number of serious concerns, addressed in a recent paper by Rachel Kleinfeld and myself, entitled „RETHINKING EUROPE’S RULE OF LAW AND ENLARGEMENT AGENDA: THE FUNDAMENTAL DILEMMA„. In it, we advocate inter alia a consistent rule of law approach across the EU instead of keeping the Copenhagen criteria solely for the realm of the enlargement process. The background for the paper is this: In 2010, noting problems inter alia in Romania and Bulgaria, ... continue reading

21. März 2013

Czech Republic: High Treason or Just Constitutional Nudging?

The Czech President Václav Klaus has left office last Thursday (March 7) after a decade when his second term expired. Three days earlier, on March 4, he was indicted for high treason by the Senate, the second chamber of the Czech parliament. One might think this is just another scene from „Leaving„, the last absurdist play written by Klaus’s predecessor Václav Havel. It is not, however; and the proceeding before the Constitutional Court is pending. The Current Constitution of the Czech Republic (adopted in 1992) largely draws on democratic traditions of the interwar parliamentary regime in former Czechoslovakia. The provisions ... continue reading

12. März 2013

Constitutional Revenge

One year ago, Hungary’s slide from a multiparty democracy into a one-party state was all over the headlines.    The European Union responded, threatening sanctions.  The Council of Europe (keeper of the European Convention on Human Rights) repeatedly rapped Hungary’s knuckles  for violating European norms on democracy and the rule of law.   The United States expressed concern.    The forint (Hungary’s currency) dramatically weakened, even against the weakening Euro. One year is a long time in politics and the current one-party Fidesz government has simply waited out the storm.   Sure enough, the European Union has gone back to business as usual, even ... continue reading

4. März 2013

Hungarian Ban Of Totalitarian Symbols: The Constitutional Court Speaks Up Again

Although the Hungarian government promised not to strike back after the Constitutional Court’s finding the constitutional amendment on the voters‘ registry unconstitutional, more recently it became clear that the Court will face a more comprehensive response than an occasional constitutional amendment overturning its recent decisions. The constitutional amendment tabled by the government in early February 2013 (T/9929) will essentially restore the invalidated Transitional Provisions into the core text of the Fundamental Law. Among the restored provisions the lengthy segment of the former Transitional Provisions on „Transition from Communist Dictatorship to Democracy“ is inserted in the „Foundation“ section of Fundamental Law ... continue reading

22. Februar 2013

„The traditional one-size-fits-all approach to European integration is obsolete“

When you think of Europe ten years from now – what is the most striking change you are seeing? What I see  ten years from now is: 1) less union and more diversity; and 2) less emphasis on territory (i.e., on the states as the exclusive actors of European integration) and more on functional (public or private) associations. As a result, the EU would change from a would-be federation (or quasi-state) to a „club of clubs“, built around specific functions or tasks. Let’s start with your first point, less union and more diversity. What makes you think so? The severity ... continue reading

13. Februar 2013

„Most People See That The UK Is A Lot Better Off Within The EU“

Do you think the EU and the United Kingdom will have parted ways until 2023? In the end, I don’t think so. If you talk to responsible and well-informed people in civil society, at the universities, in business, most people see very clearly that the UK is a lot better off within the EU. Unfortunately we have a political class that largely seems to lack these insights. They don’t seem to understand the most basic notions of how international relations and negotiations work. Also, we have a press deeply hostile to European integration, largely owned by people not based in ... continue reading

25. Januar 2013

The Return of the Hungarian Constitutional Court

Hungary’s 2011 constitutional reform also brought along the reform of the election system as a whole. The new constitution (Fundamental Law) extended the right to vote to all Hungarian citizens, irrespective of their country of residency (Article XXIII), and corresponding legal rules were enacted to make the acquisition of citizenship easier for Hungarians living abroad. The whole-scale election reform was complete with the introduction of a new central (national) voter registry. To be eligible to vote in the next national election, citizens were meant to individually apply to be listed in the central registry before the elections. The new central ... continue reading

15. Januar 2013

Nuclear War between the Court of Justice and Czech Constitutional Court (hopefully) averted

There has been an incessant debate in the last decades which court holds the highest cards in the EU. Is it the Court of Justice or national courts, namely those of constitutional rank? It seems that the judges in Luxembourg argue for their primacy, while at least some of the national ones tend to disagree. Yet the judicial debate was all about dancing around with hints and threats and no direct conflict. No wonder theories such as constitutional pluralism began to dominate the academic discourse. In January 2012 the Czech Constitutional Court ended the long truce when it declared in ... continue reading

9. Januar 2013