POSTS BY Mikael Rask Madsen

France Criminalises Research on Judges

In March, France made a controversial move and became the first country in the world to explicitly ban research on individual judicial behaviour. It is now a criminal offence to ‘evaluate, analyse, compare or predict’ the behaviour of individual judges. The result is a flagrant violation of the freedom of expression, represents an affront to basic values of academic freedom, and disregards basic principles of the rule of law.

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Legal Disintegration? The Ruling of the Danish Supreme Court in AJOS

On December 6, 2016, the Supreme Court of Denmark (SCDK) ruled in the Ajos case. The ruling will be read, remembered and taught as an example of defiance of clear guidelines from the Court of Justice of the European Union (CJEU) by the highest court in Denmark. EU law is an exterior phenomenon but part and parcel of Danish law. It follows that switching it off, as in Ajos, necessarily entails applying one law by breaking another. That is not a viable path for any legal system taking supranational obligations seriously.

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