Anlässlich der 21. Bundestagswahl unterzogen Deutschland und die EU-Kommission die größten Online-Plattformen einem „Stresstest“ – Ergebnis: Schulnote „ausreichend“. Mittel- und langfristig hat der Digital Services Act das Potenzial, die Integrität von Wahlkampfdiskursen zu schützen. Stand jetzt sieht das leider anders aus.
The CJEU is soon to decide upon Malta’s citizenship for investment scheme. Upholding the Commission’s challenge would not deprive Malta of power to confer Maltese citizenship. Instead, it would build on settled jurisprudence that EU law constrains national rules conferring EU citizenship and follow the longstanding direction of travel of the Court’s jurisprudence, which has already overcome objections that it is too radical.
A mere two months into 2025, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have dealt with no less than 7 cases concerning various types of alleged pushbacks at Europe’s borders. In each of these cases rules of evidence were and remain at the forefront of effective human rights protection. This contribution highlights how the defending duty-bearing parties sought to interpret the applicable rules of evidence to evade responsibility. It further argues that failure by the Courts to meaningfully interpret these rules in light of current-day realities and the principle of effectiveness could risk eroding the absolute human rights at the core of the European legal order.
Our symposium ‘Musk, Power, and the EU’ has evolved in parallel with the inauguration of the new US administration and has been marked by numerous and unprecedented attacks on the European Union. Amid a flurry of announcements challenging the status quo - often with brutal disregard, even against traditional allies - the European Union, along with the way it exercises power, suddenly appears as the antithesis of the new America. Yet does the EU have what it takes to resist such an expansionist and plutocratic projection of power, which now threatens Europe’s security, lifestyle and overall existence?
Elon Musk’s corporate empire spans an impressive array of markets and industries. This empire includes SpaceX (and its subsidiary Starlink), Tesla, Neuralink, The Boring Company, X, xAI, and the Musk Foundation. These corporations are connected and interlinked, creating a cross-corporate power structure. Competition law, which focuses on market power in narrowly defined relevant markets – say, a market for booster rockets – has very limited reach to guard against the possible detrimental effects of such multifaceted concentrated power in the hands of a few on open democratic societies.
Elon Musk seems to many in Europe to symbolize the dawn of a digital dystopia. I argue, however, that this view may be incorrect in several respects. With the Digital Services Act (DSA) and its new “systemic tools,” the EU has an opportunity to address the technological roots of Musk’s powerful position in the digital sphere. In this context, Musk (potentially) using his platform (or AI) to intentionally influence the access, distribution, and presentation of information is “merely” a manifestation of risks that are already inherent in the systemic position of certain digital services.
Bis heute fehlen in Österreich gesetzliche Regelungen für die Änderung des Geschlechtseintrags von Trans* und Inter* Personen. Der Verfassungsgerichtshof und der Verwaltungsgerichtshof vertraten dabei seit den 1990er Jahren eine progressive Linie: Nun scheint der VwGH seine fortschrittliche Haltung aufzugeben: Das Geschlecht einer Person sei zwingend einzutragen, grundsätzlich komme es dabei auf das biologische Geschlecht an. Grund genug, sich zu fragen, ob die Rechte von Trans*, Inter* und nicht-binären Personen in Österreich in Gefahr sind.
In A.R.E. v. Greece and G.R.J. v. Greece, jointly published at the beginning of 2025, the European Court of Human Rights (ECtHR) finally acknowledged Greece’s long-standing systematic practice of violently pushing people back at its land and sea borders. While this is already remarkable, both rulings stand out for the Court’s thorough evidentiary analysis and new standards for proving pushbacks. However, the ECtHR failed to fully incorporate the context of a systematic practice, instead maintaining a high threshold for evidencing individual instances of pushbacks.
Viewing Elon Musk’s recent forays into (electoral) politics in Europe primarily as a geopolitical wake-up call to European leaders, our analysis focuses on the promise and relative weaknesses of law and policy solutions as well as institutional arrangements the EU has put in place to protect European democracies from foreign interference. The EU and its Member States must adapt quickly to the new international realities if they do not want to be norm-takers rather than norm-shapers on major international dossiers.
Seeing Elon Musk with Donald Trump at the latter’s inauguration, it would be tempting to single him out as a unique and overbearing threat to a range of EU interests, such as its online environment, election integrity and regulatory capacity. But that would be to miss the point of a larger trend; what Joe Biden has termed the “tech-industrial complex” is not limited to the US. It, and an associated worldwide oligarchy, is converging with ascendant ultra-nationalist political agendas to pose wide-ranging challenges.
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters