Articles for category: Focus

Why the EU Charter Matters

This blog post argues that the most interesting aspect of the Charter of Fundamental Rights at the moment is its impact on remedies in national law. Almost 15 years since its entry into force, it is not unusual to meet domestic lawyers and judges who will voice doubts as to whether the Charter really matters in practice. Yet, through the right to an effective remedy under Article 47, the Charter opens up domestic law for new (or modified) remedies, thus placing national procedural autonomy under greater constraint than it was from the principles of effectiveness and equivalence.

31. Oktober 2024

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Beyond the Letter of the Treaties

In the context of the EU’s intention to accede to the ECHR, the CJEU, through its recent case-law on restrictive measures, shapes the scope of its jurisdiction in CFSP matters and opens up new prospects for the future architecture of the EU legal order. The first part of this post recalls how the Court’s case-law on restrictive measures contributed to the constitutionalization of the CFSP through the extension of its jurisdiction in the matter. The second part presents the challenges posed by the most recent cases on EU sanctions and the possible implications of the Court’s responses.

31. Oktober 2024

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Whither, the EU Charter of Fundamental Rights

So, has the Charter come of age, now that it is nearing its quarter century, and has been binding in force for nearly 15 of those years. No longer is the Charter a “sleeping beauty”, and no longer are fundamental rights mere epiphenomena in EU law – offshoots framed in the amorphous category of “general principles of law” – creations of the EU’s earlier desire for legitimacy in its quest for greater integration. The EU Charter contains the essence of a common language, a currency that all can understand. And the EU is better with it than without it.

30. Oktober 2024

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A 486 Billion Dollar Investment

The Russian war of aggression against Ukraine has caused not only untold human suffering, but also immense damage to Ukraine’s physical, economic and social infrastructure. This contribution highlights the leading role of the European Union in coordinating international assistance for the reconstruction of Ukraine and its implications for the Union’s capacity to be a global player in peacebuilding and crisis management.

29. Oktober 2024

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On the Way to a European Defence Union

Is the EU on the path to a European Defence Union? Previously seen as militarily insignificant, the EU’s defence landscape is rapidly evolving in the wake of Russia’s invasion of Ukraine. This post explores how EU defence is changing in terms of aims, actors, and activities. It shows that the EU has left its comfort zone as a normative power to get ready for the geostrategic challenges of our time.

29. Oktober 2024

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Law and Governance Variations of Europe’s Geopolitical Awakening

The first contribution of the online symposium Europe’s geopolitical coming of age - adapting law and governance to harsh international realities explores the profound changes in European security and defence law following Russia’s invasion of Ukraine. The new geopolitical realities of dealing with warfare in Europe set the scene for the symposium.

28. 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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