29 September 2020
Parallel Paths that Need to Cross?
The questions raised by the use of soft deals - and soft law more generally - in the Area of Freedom Security and Justice (‘AFSJ’) are numerous and complex. This post focusses on the justification behind the use of soft deals in the field of readmission, in order to develop two reflections: First, in a legal system founded on the rule of law, recourse to soft deals to elude constitutional constraints is questionable tout court. And secondly, if certain constitutional constraints can arguably be side-lined through the use of soft deals, in the name of flexibility and speed, others must necessarily remain operative and frame the conduct of EU institutions. In the author’s view, at least those Treaty principles that govern EU institutional action independently on the legally binding nature of its outcome remain relevant. Among these, a prominent role in framing the use of soft deals can be attributed to the principle of institutional balance, enshrined in Art. 13(2) TEU. Continue reading >>
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06 November 2015
The Universal Declaration of the Rights of Humankind: Big Words, Small Effect
The text of a Universal Declaration of the Rights of Humankind was presented on Monday before the french Economic, Social and Environmental Council. France will introduce the declaration in December at the 21st United Nations Climate Change Conference in Paris. Is the declaration more than just an empty gesture? Continue reading >>
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