14 October 2020
LawRules #4: We need to talk about Procedural Law
Court packing schemes, forced retirement of judges – organisational rules are often misused to get the judiciary under control. How do you distinguish “good” judicial reforms from “bad” ones? Is there such a thing as a “good” court packing scheme? This is what we discuss this week with MARIAROSARIA GUGLIELMI, CHRISTOPH MÖLLERS and ANDRÁS BAKA. Continue reading >>
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09 October 2020
Rule of Law as Ideology
On pride, humility and German-American constitutional friendship Continue reading >>
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09 October 2020
Rule of Law als Ideologie
Über Stolz, Demut und deutsch-amerikanische Verfassungsfreundschaft Continue reading >>
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07 October 2020
LawRules #3: We need to talk about Disciplinary Proceedings
Disciplinary proceedings against judges can be a blunt but efficient way to force the independent judiciary under the control of an authoritarian government. How does this work? What can be done against it? What safeguards can be implemented? This is what we discuss this week with the outgoing Polish Ombudsman ADAM BODNAR, with the Slovenian Supreme Court judge and CCJE President NINA BETETTO and with the Spanisch scholar and administrative law professor SUSANA DE LA SIERRA. Continue reading >>
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02 October 2020
Quo usque tandem, Viktorina
Über Viktor Orbán, den Rechtsstaatlichkeitsbericht und den Unterschied zwischen einem Risiko und einem Schaden Continue reading >>
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02 October 2020
Quo usque tandem, Viktorina
On Viktor Orbán, the EU Rule of Law Report, and the difference between risk and damage. Continue reading >>
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30 September 2020
LawRules #2: We need to talk about Judicial Nominations
It's easy to agree that judicial independence is important – but who gets to be a part of the judiciary, who gets promoted to which court and who enters the highest ranks is a decision that has to be taken by someone, and a lot depends on who that someone is. Controlling judicial nominations is one of the key elements in all authoritarian takeover strategies which have been implemented in recent years in Poland, in Hungary and elsewhere. This is what we will discuss with the president of the European Network of Councils of the Judiciary, a member of the board of the Polish independent judges’ association IUSTITIA, and a German judge at the Bundesgerichtshof. Continue reading >>
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25 September 2020
Action and Reaction
On the packing of courts, when one should do it, and when one should not. Continue reading >>25 September 2020
Aktion und Reaktion
Über Court Packing und wann man es lassen sollte. Und wann nicht. Continue reading >>
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