21 May 2026
Hungary’s European Rebirth
As Péter Magyar and his Tisza government took office on 9 May, ending sixteen long years of autocratic capture, the crowds outside the Parliament danced and cheered. Now the new government has a constitutional supermajority and a massive democratic mandate. But unlike Orbán’s supermajority, Magyar’s still has to confront veto players. The Hungarian government has a speedy and lawful option for realising its mandate without lurching into extreme scenarios: Using European law as an interim constitution to evade the roadblocks left in place by the Orbán government. Continue reading >>
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12 December 2025
“Danger becomes less scary when it is better understood”
Five Questions to Kim L. Scheppele Continue reading >>
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12 December 2025
„Gefahr wirkt weniger bedrohlich, wenn man sie versteht“
Fünf Fragen an Kim L. Scheppele Continue reading >>
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28 July 2025
Bullying Universities
David Pozen at Columbia University calls Columbia University’s new agreement with the federal government “regulation by deal”. Of course, Columbia should have learned by now that making a deal does not mean that the pressure stops. Appeasing a bully only empowers the bully – and he will be back for more. Regulation by deal, precisely because it bypasses general lawmaking procedures, leaves open the possibility that any deal can be supplemented with even more demands in the future. It can provide no legal guarantees of security. Continue reading >>
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21 February 2025
Trumps Gegenverfassung
“He who saves his Country does not violate any Law” Continue reading >>21 February 2025
Trump’s Counter-Constitution
“He who saves his Country does not violate any Law.” Continue reading >>23 December 2024
Blinded by Legality
The Venice Commission’s recent opinions on Poland’s judicial reforms have prioritized formal legality over substantive judicial independence. The Commission thereby effectively legitimizes the judiciary captured under the previous autocratic government. The Commission’s shift contrasts sharply with its own prior critiques and European court rulings, raising concerns that the Commission’s stance now shields autocracy under the guise of legality. Continue reading >>23 July 2024
Never Again. And Not Quite.
Those who build new public law act with the past hovering over their shoulders. Rejecting regimes of horror explains much of the content of new constitutions. Aversive constitutionalism – in which constitutionalists overtly steer away from a country’s appalling pasts – guides how they understand these new texts. On balance, even among those who disagree over precisely how the past is memorialized as “never again” in new constitutions, evidence shows that the horrors of the past influence public law in the present much more than do the dreams of some ideal future. Continue reading >>
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04 April 2023
Frozen
After years of inaction, the European Commission and Council jointly acted to freeze EU funds totaling more than €28.7 billion for Hungary and more than €110 billion for Poland at the end of 2022, citing rule-of-law violations. Surprisingly, the decisions were taken not just (or even primarily) using the new Conditionality Regulation designed for that purpose. Instead, they used a variety of other legal tools to which rule-of-law conditionality was attached. It remains somewhat mysterious, however, precisely which funds and what proportion of those funds have been suspended, and how those suspensions have been legally justified. This post, a shorter version of a SIEPS paper that will be published soon, describes what we know about the complex set of funding suspensions intended to make EU Member States pay for their rule-of-law violations. Continue reading >>
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07 January 2023