07 Mai 2021
A Failed State in the Making
On 4 May 2021, the Senate house in Zimbabwe approved the Constitutional Amendment No.2, 2019 with a two-thirds majority. The bill is now on its way to the executive for signature and incorporation into the constitution. However, the bill features three concerning clauses linked to judicial independence and the prosecutor general's appointment. The future of democracy and the rule of law looks gloomy for Zimbabwe. Continue reading >>
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29 April 2021
After Orbán
With a view to the 2022 elections, there is a serious contradiction in Hungarian public opinion: There should be a regime change away from Orbán's Fidesz, but the Basic Law, which they have undermined and weaponized, should not be touched. This will not work. In any case, it is necessary to get rid of the present Hungarian constitution. Continue reading >>28 April 2021
Solving the Copenhagen Dilemma
By proclaiming an entirely new ‘non-regression’ principle in EU law based on the connection between Articles 49 TEU (EU Enlargement) and 2 TEU (EU values, referred to from Art. 49), the Court of Justice achieved huge progress in addressing a well-known lacuna undermining the EU legal order. The ‘non-regression’ principle is a new important direction in the notable fight for the EU rule of law started with the discovery of EU competence in, in particular, the area of judicial independence and the organization of the judiciaries in the EU Member States. Continue reading >>
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28 April 2021
How the EU is Becoming a Rule-of-Law-less Union of States
The most recent attempt by Poland's executive to undermine the very foundations of the Union legal order speaks volumes about how far the politics of resentment have come since 2015. With the Constitutional Tribunal about to hand the government its desired excuse to ignore interim measures of the Court of Justice of the European Union, a point of no return might have been reached. This new phase sees the dismantling of the rule of law on the domestic front being reinforced, aided and abetted now by the legitimizing inaction and/or spineless bargaining at … the supranational level. The EU through its institutions is playing the game according to the rules dictated by the smart autocrats. Continue reading >>23 April 2021
To Trust is to Choose
Countries where state institutions are perceived as corrupt all share a similar dilemma: Why should citizens trust a candidate for public office who was selected by a state body which citizens simply don’t trust? In light of this dilemma, Ukraine came up with an innovative mechanism: Giving international experts a decisive role in selecting candidates for public office. Continue reading >>22 April 2021
And Now His Watch Is Ended
When democratic institutions are captured by an authoritarian government, they not only cease to hold the government accountable, or even restrain its megalomaniacal tendencies, but can be actively used to capture other democratic institutions. This was recently the case in Poland, as the ruling "Law and Justice" party removed a particularly annoying irritant: the Polish Citizens’ Rights Ombudsman, Dr. Adam Bodnar. Continue reading >>
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21 April 2021
Repubblika: Anything new under the Maltese Sun?
By now, the rule of law and the principle of judicial independence are a continuous presence in the ECJ’s case law. Most often, these cases concerned the situation in Poland or Hungary. The case of Repubblika, for a change, concerned Malta. In Repubblika, the Court has added Article 49 TEU to the list of EU law provisions that are invoked in the fight against rule of law backsliding. Continue reading >>
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17 April 2021
Rule of Law as a Perimeter of Legitimacy for COVID-19 Responses
The COVID-19 pandemic has presented an extreme strain on legal systems worldwide, as they struggled to adapt existing legislative frameworks, administrative functions, and executive decision-making to the fast-changing and complex situation of the pandemic emergency. The measures adopted worldwide, including mandates in the form of lockdowns and restrictions on gatherings, closures of educational and business institutions, have been not only among the most restrictive limitations on the rights of the majority of global population but also long lasting, with uncertain ending. Continue reading >>
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01 April 2021
Slovenian Constitutional Hardball
There is a lot of speculation whether Slovenia might be the third EU Member State to join Hungary and Poland in their specific view of the rule of law. Does the current Slovenian government present a threat to constitutional democracy? Lacking a convincing majority in the Parliament and facing other veto points, the Slovenian government uses tactics of constitutional hardball in order to disrupt the existing norms of the constitutional order. Continue reading >>
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29 März 2021