29 January 2025
Memory Laws and Colonial Reckoning in France and the Netherlands
While France embraced the formal regulation of historical memory regarding its colonial past nearly two decades ago with the adoption of a law by its parliament, the Netherlands has opted for more symbolic recognition on behalf of the head of state. The essay argues that, despite neither approach being capable of fully satisfying all sides in the debate on how to frame colonialism in the present, the Dutch model is notably less problematic concerning its impact on freedom of expression, adherence to the rule of law, and the fit towards a unique set-up of the Kingdom of the Netherlands. Continue reading >>
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28 July 2024
Jewish Past, Mnemonic Constitutionalism and the Politics of Citizenship
For this symposium essay, I will focus on the Jewish past, with its tragedies extending beyond and preceding the Holocaust as a master narrative unfolded by mnemonic constitutionalism. Specifically, I will reflect on how citizenship laws – as the foundational cluster of constitutional law in liberal democracies, including the countries without a formal constitution – have built constitutional ontologies upon the Jewish past and the “never again” theme through three central examples involving “Jewish citizens”. Continue reading >>
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08 September 2022
The “Year of Historical Memory” and Mnemonic Constitutionalism in Belarus
On 1st of September 2022, the academic year in all Belarusian schools started with an atypical lesson, on “historic memory” – led in Minsk by none other than the country’s “President” himself, Aliaksandr Łukašenka. There is a constitutional dimension to historical memory in Belarus, which is better grasped through the looking glass of mnemonic constitutionalism. Continue reading >>
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19 August 2020
Corona Constitutional #45: Europas letzter Diktator?
Das System in Weißrussland schwankt. Die Belarussen wollen ihren Staatschef Lukaschenko loswerden. Nehmen wir an, sie würden ihren Plan erfolgreich in die Tat umsetzen: Wie ginge es dann mit Belarus weiter? Was würde aus der Verfassung Weißrusslands? Und welche Auswirkungen hatte die bereits verstrichene Amtszeit des angeblich "letzten Diktators Europas" auf umliegende Staaten wie Polen, Serbien oder Ungarn? Uladzislau Belavusau hat Antworten - die er mit Max Steinbeis im Podcast-Interview teilt. Continue reading >>
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20 May 2020
The State of Denial Amidst a Military Parade: COVID-19 in Belarus
In contrast to the ‘illiberal democracies’ of Hungary and Poland, Belarus in its response to COVID-19 appears to be playing the role of a perfectly ‘liberal’ state with almost a laissez-faire solution, where people’s choice is prioritized and rights are respected as no severe measures are introduced to close businesses or restrict free movement. This image is inevitably misleading, as democratic institutions in Belarus have been brought to heel long ago, and alternative information about the state of affairs in Belarus regarding the virus remains suppressed. Continue reading >>
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05 June 2018
The Federal Rainbow Dream: On Free Movement of Gay Spouses under EU Law
After a pretty disappointing and self-contradictory judgement on the wedding cakes delivered yesterday by the US Supreme Court, the CJEU came up today with the long-awaited decision in the Coman case – putting a thick full stop on a long debate about the interpretation of the term ‘spouses’ under the EU Free Movement Directive. In short, the Court held that the term does cover spouses of the same sex moving to an EU Member State where a gay marriage remains unrecognized. This simple YES is a huge step forward in federalizing the EU constitutional space in a time of multiple crises. Continue reading >>15 January 2018
Final Thoughts on Mnemonic Constitutionalism
Twelve scholars from eight countries have offered their critical perspectives on the legal governance of historical memory, categorised under the common heading of “memory laws”. One aspect crystalized by this symposium is that despite their multiple forms (punitive and declarative, constitutional and administrative, legislative and judicial, etc.), the adoption of such memory regulations has been on a tremendous rise in Europe. Continue reading >>
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21 November 2017
Rule of Law in Poland: Memory Politics and Belarusian Minority
Memory politics and protection of ethnic minorities have not received enough attention in the discussion on the decline of the rule of law in Poland and Hungary. Poland has recently supplied a paradigmatic example. Continue reading >>05 November 2015
Perinçek v. Switzerland: Between Freedom of Speech and Collective Dignity
In its recent Grand Chamber decision "Perinçek v Switzerland" the ECtHR, once again, declares Armenian genocide denial protected against criminal prosecution by the right to free speech. The Court substantially disregards the specific atmosphere of denialism and gross violations of the rights of minorities in Turkey, moving central attention instead to Switzerland where – supposedly – no tensions are possible on the anti-Armenian grounds. The Court has failed to acknowledge the existence of the anti-Armenianism as a specific ideology prevalent amongst Turkish and Azeri nationalists, including those scattered in huge Turkish diasporas in Europe these days. Continue reading >>05 November 2015
Perinçek v. Switzerland: Between Freedom of Speech and Collective Dignity
In its recent Grand Chamber decision "Perinçek v Switzerland" the ECtHR, once again, declares Armenian genocide denial protected against criminal prosecution by the right to free speech. The Court substantially disregards the specific atmosphere of denialism and gross violations of the rights of minorities in Turkey, moving central attention instead to Switzerland where – supposedly – no tensions are possible on the anti-Armenian grounds. The Court has failed to acknowledge the existence of the anti-Armenianism as a specific ideology prevalent amongst Turkish and Azeri nationalists, including those scattered in huge Turkish diasporas in Europe these days. Continue reading >>
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