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.

Hungary’s Sovereignty Protection Sham

Hungary’s persistent rule of law and corruption shortcomings have led the EU to freeze EUR 27.8 billion in funding under various conditionality regimes. Prime Minister Orbán, who relies on these funds to maintain his political machinery and reward loyalists, has wielded Hungary’s veto in the Council to unlock this funding. Moreover, Hungary adopted the Act LXXXVIII of 2023 on the protection of national sovereignty (Sovereignty Law), which sets up the Sovereignty Protection Office (SPO), a state entity created to defend Hungarian sovereignty. This post examines the Sovereignty Law and calls the EU to effectively halt the SPO’s activities and prevent this model from spreading elsewhere.

26. August 2024

, ,

The Price of Equality

Israel’s long-standing debate over ultra-Orthodox Yeshiva students conscription has reached a critical juncture in June 2024. The Israeli Supreme Court not only declared the absence of a legal basis for a broad and overall exemption for Yeshiva students but also introduced a remedy that I claim might be controversial: the suspension of state funding for Yeshivas whose students are subject to conscription but refuse to comply with it. This marks a significant shift in the Court’s approach to enforcing equality in military service and the rule of law.

15. August 2024

, , , , ,

Why Georgia’s Law on Transparency Violates the Constitution

Since the spring of 2024, the political landscape of Georgia has been experiencing turbulent times. The so-called law “On Transparency of Foreign Influence (“Law on Transparency”) has, for the second time, caused huge public tension. The “Law on Transparency” represents more than a mere legal issue; it symbolizes the country’s choice between totalitarianism and democracy.  

7. August 2024

,

ByteDance v. Commission

The Digital Markets Act (DMA) is a revolutionary tool to regulate EU digital markets, it complements competition law by imposing ex ante obligations on the largest digital undertakings. The General Court judgement in the ByteDance case was the first test of the limits of this expediated enforcement and resulted in a remarkable win for the Commission. The Court dismissed ByteDance’s appeal against the European Commission’s decision to designate ByteDance with its social network TikTok as gatekeeper under the DMA.

30. Juli 2024

, ,

Restitution for Pushback Victims

Despite the trauma caused by the brutality of pushbacks, victims often attempt to return to the expelling state’s territory, driven by desperation and the search for a better life. In doing so, they risk repeated violations of their rights. This vicious circle has to be broken. As reparation for the violation of their rights, restitution allowing for their return to the territory of the state responsible for the violation should be granted. This victim-centered approach allows their primary goal of re-entry into the state territory to be achieved through legal means.

25. Juli 2024

, , ,

Aristotle in the Commission

Today, the European Commission issued its fifth Annual Rule of Law Report (ARoLR). While this monitoring exercise has come a long way and has been significantly improved, the rule of law backsliding remains one of the most pressing issues of the EU. In the following I present seven recommendations how to improve the Commission’s monitoring exercise. At the core lies a differentiation between a democracy and a hybrid regime. Once a Member State qualifies as the latter, it must be treated accordingly.

24. Juli 2024

, , ,

A Union of Equality?

Last Thursday, Ursula von der Leyen, the new – and former – President of the EU Commission presented the ‘Political Guidelines for the next European Commission 2024-2029’, her ideas and priorities for the coming mandate. This blogpost will examine whether the Guidelines are living up to the scale of the gender-related concerns and challenges that are facing the Union, as Ursula von der Leyen promises. It identifies a shift in tone in the Commission’s pledges to promoting gender equality and outlines some proposals that the German Women Lawyers Association (djb) has advanced in order to help tackle these challenges.

22. Juli 2024

, , ,

Why and How the Hungarian Presidency Must Be Stopped

It took less than a week for Viktor Orbán to make the worst predictions about the Hungarian Presidency of the Council become true. Yet with a twist. If many had warned about the danger that such a Presidency would have paralysed the internal operation of the EU, nobody expected this could also cause confusion and damage to the Union’s foreign policy. How the EU Member States will react to it may define the overall credibility of the Union on the international stage, particularly at a time when it increasingly faces significant challenges both from within and the outside.

15. Juli 2024

,