Constitutional Triumph or Constitutional Aberration?

The Kenyan Hight Court's incorporation of the basic structure doctrine into the Kenyan constitutional framework has been generally received as a cause for celebration among constitutional scholars. This article, however, calls for some restraint in the growing scholarly celebration of efforts to expand the basic structure doctrine. Continue reading >>

Florian Kriener, , Alina Maria Ripplinger

Nicaragua’s Electoral Counter-Reform

On 4 May 2021, the Nicaraguan National Assembly adopted an electoral reform. Alongside other legislative acts that limit civil society’s operating space, the electoral reform not only sets a gloomy outlook for presidential elections scheduled in Nicaragua for November this year. The reform also violates Inter-American democratic standards as it severely restricts the independence of political parties and leaves the Supreme Electoral Council under significant influence of Nicaragua’s governing party and president. Continue reading >>

Felix Ekardt

Shell’s Climate Obligation

On 26 May, the District Court of The Hague ruled that the fossil fuels company Royal Dutch Shell needs to reduce its emissions by 45 percent by 2030, compared to 2019. Precisely, the court held Shell responsible for its entire production and supply chain. The ruling will greatly advance the implementation of Article 2 of the Paris Agreement and climate-related human rights. Continue reading >>

Standing for Piglets

In a non-acceptance order of 14 May 2021, the German Federal Constitutional Court refused to accept a constitutional complaint submitted by the German Branch of the animal rights organization PETA for adjudication. The Constitutional Court missed an opportunity to open the constitution to non-anthropocentric approaches. A constitutional amendment might be necessary to explicitly terminate the long-standing mediatization of the natural environment with its negative consequences for the effectiveness of environmental law and protection. Continue reading >>

Radosveta Vassileva

Framing and Raiding

In early June 2021, Bulgaria’s Prosecutor’s Office raided the Ministry of Interior and raised charges against a senior employee. According to the Minister of Interior Boyko Rashkov, the goal of the Prosecutor’s Office is to sabotage an inquiry into illegal wiretapping. A similar raid against the Bulgarian Presidency in July 2020 sparked mass protests. Bulgaria’s Prosecutor’s Office has an unrestrained authority that is used as a weapon against the opponents of the status quo. Continue reading >>

Christos Mavrakos

Eine Konferenz zur Zukunft Europas

Zum diesjährigen Europatag am 9. Mai 2021 wurde von dem Präsidenten des Europäischen Parlaments, dem Präsidenten des Europäischen Rates und der Präsidentin der Europäischen Kommission eine Konferenz zur Zukunft Europas eröffnet. Die Konferenz soll europäischen Bürgern die Möglichkeit zur Mitsprache geben, dabei sollten auch Politiker auf nationaler und europäischer Ebene gestalterisch tätig werden. Continue reading >>

Anna Dziedzic

The Making and Unmaking of a Constitutional Crisis in Samoa

Politics in the Pacific island state of Samoa rarely attract international attention. Last week, however, Samoa grabbed global headlines as two leaders each claimed the Prime Ministership after a closely contested election. The constitutional issues surrounding this crises are complex and growing in number by the day. Continue reading >>

Monika Zalnieriute

Procedural Fetishism and Mass Surveillance under the ECHR

On 25th May 2021, the Grand Chamber of the ECtHR ruled in the case Big Brother Watch v. UK that some aspects of the UK’s surveillance regime violated Articles 8 and 10 of the ECHR. Big Brother Watch is the first decision on mass surveillance since the Snowden revelations and sets a standard, grounded in “procedural fetishism”, which endorses the legality of bulk surveillance operations. Continue reading >>

Elena-Simina T?n?sescu, Bianca Selejan-Gutan

A Tale of Primacy

In its 18 May ruling Asociația „Forumul Judecătorilor din România”, the ECJ took a solid stance on the primacy of EU law by recognizing the binding nature of the Cooperation and Verification Mechanism established by the European Commission with respect to Romania in 2007. The judgment is a genuine guide to national courts on applying the primacy of EU law, especially as regards controversial issues such as the judicial independence and rule of law. Continue reading >>

Konrad Lachmayer

An Austrian Abyss of Cronyism and Corruption

The Kurz government has been involved in a series of scandals, culminating on 12 May with the Chancellor becoming subject of a formal investigation for allegedly providing false testimony before Parliament. In attempts to cover up the governments’ involvement in the various scandals, the rule of law has certainly been challenged in Austria. However, so far, the Austrian Rechtsstaat prevailed. Continue reading >>

Mark Klamberg

Big Brother’s Little, More Dangerous Brother

On 25 May 2021, the European Court of Human Rights issued judgments in two connected cases: Big Brother Watch v. UK and Centrum för Rättvisa v. Sweden. Both cases involved the review of bulk interception of communications, described by its critics as “mass surveillance”. The Swedish example has attracted less criticism from the ECtHR than the UK, and can be construed as a model law. However, the Swedish legislation is highly opaque and the ECtHR's scrutiny has fallen short. Continue reading >>