18 June 2026
On the Role and Legitimacy of Supranational Courts in a Member State’s Retransition
The last decade has demonstrated what role the Union and in particular the Court of Justice can play in keeping a Member State “within the orbit” of the rule of law. Within that process, the case law of such bodies established numerous red lines as to what practices are not acceptable in a rule of law governed liberal democracy. But will the same red lines now be applicable also to the “good guys”? If yes/no, what will that mean for the legitimacy of those bodies, in particular the European Union? Continue reading >>
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16 August 2023
The Strasbourg Court Goes Astray
On 1 June 2023, the Grand Chamber of the ECtHR concluded a saga that even experts of the Strasbourg Court might have overlooked. In the Grosam case, the alleged shortcomings in the disciplinary procedure involving a Czech enforcement officer (bailiff) have been addressed. The Grosam chamber judgment was certainly not a routine case. The chamber judgment went to the core of the role of the ECtHR and, if it would have been allowed to stand, it could have seriously undermined the legitimacy of the whole system of the Strasbourg protection. Continue reading >>
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