Trump’s Counter-Constitution
“He who saves his Country does not violate any Law.”
Thema: Europarecht
EU-Verfassungsrecht, verfassungsrechtlicher Rahmen der europäischen Integration und Mehrebenenverfassungsrecht. Umfasst EU-Institutionenrecht, Grundfreiheiten, EU-Grundrechte, verfassungsrechtliche Aspekte der EU-Mitgliedschaft und das Verhältnis zwischen EU-Recht und nationalen Verfassungsordnungen.
EU Citizenship Should Not Be Sold
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.
The Binoculars at the Borders of Europe
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.
What Madonna Got and the EU Did Not
For the past three months, Serbian citizens have been actively protesting, demanding a shift from the rule by man to the one, governed by the rule of law. The protests followed the tragedy of November 1, 2024, when the recently renovated canopy of the railway station in Novi Sad collapsed and took 15 lives and severely injured 2 individuals. The Prime Minister has resigned, and massive protests are sweeping across the country. Meanwhile, the EU continues to prioritize regional stability over addressing the President’s abuse of power.
Voraussetzungen des Vertrauens im Auslieferungsrecht
Die Auslieferung von Maja T. nach Ungarn im Juni 2024 hat erhebliche verfassungsrechtliche Bedenken aufgeworfen. Das Bundesverfassungsgericht hat in seinem Urteil vom 24. Januar 2025 das Kammergericht nun für seine Entscheidung und die unzureichende Prüfung der Haftbedingungen in Ungarn kritisiert. Das Urteil betont die Pflicht der Gerichte, Zusicherungen im Auslieferungsverfahren nicht ungeprüft zu akzeptieren und stärkt die Position von Personen in Auslieferungsverfahren.
The Looming Enforcement Crisis in European Digital Policy
The EU's push for stronger digital laws to protect fundamental rights and democracy faces significant challenges due to fragmented enforcement and overlapping regulatory responsibilities. This fragmentation risks undermining the core principles of the EU legal order. A more coordinated, rule-of-law-centered enforcement framework is needed to address these tensions and ensure effective implementation of digital laws while safeguarding fundamental rights.
Spillovers and Unexpected Interactions
The La Quadrature du Net II decision’s ripple effects are profound. By placing the ruling in thick context, this analysis uncovers hidden legal innovations and unexpected interactions that could reshape the future of data protection in the EU.
Small Fry
Last week, the oral hearings in the EU-UK Sandeel case were concluded before the Permanent Court of Arbitration in The Hague. This marks the first time in which a dispute between the EU and UK under the 2021 Trade and Co-operation agreement reaches the stage of arbitration, testing the post-Brexit legal framework in a case where the UK’s regulatory autonomy to adopt unilateral measures for the protection of the marine environment is pitted against the EU vessels’ right to access and fish in British waters.
The US Supreme Court and Plutocracy
Populist authoritarianism is a global phenomenon. However, the US is the only so-called consolidated democracy where its ascent has been eased by the systematic dismantling of legal limits on campaign donations. US elections are now not only the world’s most costly, but they are also directly subject to the inordinate influence of wealthy individuals and corporations. The Supreme Court of the United States’ 2010 Citizens United v. Federal Election Commission ruling has paved the way for the emergence of so-called “super” PACS (political action committees) that, while formally barred from coordinating with candidates or parties, can accept unlimited corporate contributions.
Trump and the Folklore of Capitalism
How can we make sense of the return of Donald Trump, who again convinced enough US voters of his populist bonafides? Populist authoritarianism has made inroads around the world. Only Trump’s version, however, probably brings together so much wealth and power, with super-rich business executives now at the helm. Here I tap a brilliant but neglected book, The Folklore of Capitalism (1937), by the legal scholar and New Deal trustbuster, Thurman Arnold (1891-1961), to understand this remarkable development. Folklore of Capitalism helps explain Trump’s wide appeal, despite the electorate’s disagreements with many of his policy preferences.
