Watchdog Watching Too Closely
In December 2017, readers of the largest and maybe also the most esteemed Finnish newspaper, Helsingin Sanomat, were surprised to find an article which, among others, showed excerpts of classified, red-labelled documents. Very little was publicly known about the workings of that special center, part of the military intelligence, situated in a faraway resort. More than five years later, on January 27th, 2023, the Helsinki District Court found both of the journalists guilty of criminal disclosure charges. Put simply, the court’s decision is that media may report abuses of power. However, an interest to attract readers only is not enough to justify the disclosure.
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Nature Restoration and Fundamental Rights
This year’s most heated topic of constitutional contestation in Finland is likely to be the Commission’s recent proposal for nature restoration. While nature restoration has an innocent sound, the matter actually involves a broad spectrum of constitutional issues. In this debate, political undesirability has turned into claims about the EU’s lacking competence in regulating forests and a general failure to respect the principle of subsidiarity. Last Friday the Finnish Parliament’s Constitutional Law Committee approved an interesting statement of principle, which is likely to affect the country’s stance on EU (fiscal) integration far beyond the question of nature restoration.
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Krieg, wie er auch hieße
Wie das russische Recht das Sprechen und das Schweigen formt
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A Declaration on the Rule of Law in the European Union
Since the Second World War, Europe has witnessed the benefits of rule-based order. Peace, prosperity, and progress have grown out of a shared commitment to the rule of law, both between individuals and states. As of late, these unprecedented achievements are increasingly under threat, as the basics of the rule of law, including the need for an independent judiciary, are questioned both at the heart of Europe and in countries beyond our borders. Time is of the essence. If backsliding on the rule of law occurs faster than corrective action, the passage of time will inevitably erode the rule-based order. We, the signatories of this declaration, urgently call on all leaders, in Member States and the EU Institutions, to uncompromisingly safeguard the rule of law in Europe.
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Time for Military Integration in the EU?
For decades, the EU’s security and defence policy was largely looked at as a theoretical piece in the overall puzzle of the Union’s external role. During the past week, however, the unthinkable happened, and European defence policy has taken a significant leap forward. This brings to fore questions about the legal nature of the security and mutual assistance provisions in the EU Treaties, including the relationship between aligned and non-aligned States in EU defence policy.
Continue reading >>Beware of the Bulldozer
The case of Russia teaches us how dangerous extra-constitutional constitution making can be – and that it should always be just a last resort. No substantive institutional changes should be made outside of the constitutional bounds. Otherwise, there will always be the danger that breaking the rule of law will continue even after constitutional change has taken place. This is precisely what Russian intellectuals and jurists, who supported Yeltsin in 1993, learned under the rule of Vladimir Putin. We should try to avoid repeating their mistakes.
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