POSTS BY Tommaso Pavone
14 December 2025
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Is the European Court of Justice a Protector of the Weak?

Is the European Court of Justice biased toward business interests, or does it protect the weak? Drawing on a novel dataset of nearly 7,000 rulings from 1962 to 2016, this blog post revisits a longstanding debate with systematic evidence. Contrary to persistent critiques, this blog post shows that individuals invoking rights win more often than corporate litigants. Through strategies of “leveling” and “spotlighting,” the ECJ not only counters resource asymmetries in litigation but also publicly amplifies pro-individual rights outcomes. Continue reading >>
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17 December 2023

The EU’s Faustian Bargain

Twelve years into the EU’s rule of law crisis, this week has demonstrated that EU leaders are still unwilling to confront their own complicity in Orbán’s rise and to do something about it. Is this sad spectacle a price worth paying in exchange for a symbolic gesture of goodwill to Ukraine? That is the wrong question to ask. The right question to ask is this: if the EU continues to treat the rule of law as a bargaining chip and to make promises it won’t keep, for how much longer will our Union remain a club worth joining? Continue reading >>
26 November 2019
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The Perils of Passivity in the Rule of Law Crisis: A Response to von Bogdandy

In a recent contribution to Verfassungsblog, Professor Armin von Bogdandy observes, “European constitutionalism is perhaps facing a ‘constitutional moment’. But rather than calling on the EU to stand up to increasingly authoritarian member governments, von Bogdandy concludes that, “Powerful arguments suggest caution.” His admonitions offer a lesson into how scholars can inadvertently propagate what political economist Albert Hirschman described in his 1991 book as The Rhetoric of Reaction. Continue reading >>
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