Beyond the Letter of the Treaties
In the context of the EU’s intention to accede to the ECHR, the CJEU, through its recent case-law on restrictive measures, shapes the scope of its jurisdiction in CFSP matters and opens up new prospects for the future architecture of the EU legal order. The first part of this post recalls how the Court’s case-law on restrictive measures contributed to the constitutionalization of the CFSP through the extension of its jurisdiction in the matter. The second part presents the challenges posed by the most recent cases on EU sanctions and the possible implications of the Court’s responses.
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Sale of Nationality as a Violation of Human Dignity
On 21 March 2023, the European Commission brought action against Republic of Malta for establishing and maintaining a policy and a practice of naturalisation despite “the absence of a genuine link of the applicants with the country, in exchange for pre-determined payments or investments”. In this blog, I argue that the Court is fully competent because Malta violated article 1 of the EU Charter of Fundamental Rights. Specifically, I argue that selling nationality violates human dignity because nationality confers legal subjecthood, which is a central condition for guaranteeing the human dignity of European citizens.
Continue reading >>Konfrontation, Kohabitation, Koalition
Die Parlamentswahlen in Frankreich 2024 haben bisher wenig Konstantes, sondern vor allem Unerwartetes hervorgebracht. Dieser Artikel versucht, das verfassungsrechtliche und politische Geflecht in einem Vierschritt zu entwirren: von der Konfrontationslage zur Kohabitation und Koalitionsbildung sowie zuletzt zu den Konsequenzen für die Europäische Union. Die französischen Parlamentswahlen haben das Land in ein verfassungsrechtliches Spannungsfeld geführt, das die politischen Akteure zwingt, Koalitionen neu zu erlernen, während dabei die europäische Stabilität durch die innerfranzösischen Machtkämpfe auf die Probe gestellt werden wird.
Continue reading >>Why Climate Science Matters for International Law
The International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion on May 21, 2024 in response to a request submitted by the Commission of Small Island States on Climate Change and International Law (COSIS). While various aspects of the advisory opinion have already been discussed in this joint blog symposium, this post focuses on a feature of the opinion that has so far received little emphasis: the strong role of science. The scientific evidence presented by the tribunal provides a solid basis for its conclusions on State obligations to prevent, reduce, and control climate pollution.
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The European Court of Human Rights’ Kick Into Touch
On April 9, 2024, the European Court of Human Rights (ECtHR) ruled on three applications concerning the fight against climate change and the positive obligations of the signatory states of the European Convention on Human Rights (ECHR) in this respect. This blog post analyzes the Carême decision in which the Court declared inadmissible an application brought by a former mayor of a French town on the grounds of incompatibility ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (§ 88). In my view, this is an ill-developed decision, which could dangerously imply a regression in environmental matters.
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The Future of European Climate Change Litigation
On 7 June 2022 the European Court of Human Rights (ECtHR) relinquished jurisdiction to the Grand Chamber to hear the application lodged on 28 January 2021 on behalf of Damien Carême, former mayor of the Commune of Grande Synthe in France. While the case shares some characteristics with other climate change cases pending before the Court, it differs in some key respects, making it a unique case of its kind at the moment. The Court will have to be open to a shift towards a more ecological interpretation of the Convention and demonstrate its ability and talent to rise to the historic task required.
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How Emmanuel Macron’s Quest for Efficiency Undermines French Democracy
Emmanuel Macron presented his program for the next presidential election on Thursday, March 17. He plans to relaunch his major reform of the institutions to make them work more efficiently and reaffirmed his desire to have a “strong executive power”, that is, a President who is not encumbered by too many counterweights. This concern for efficiency is a clear sign of impatience with the democratic process. By letting the executive power decide alone, the whole balance of powers could be affected.
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