Europe’s Geopolitical Coming of Age: Adapting Law and Governance to Harsh International Realities

DEBATE

This symposium explores transformative shifts in European security and defense law in response to Russia’s invasion of Ukraine, examining the shift from a presumption of peace to confronting existential threats. It focuses on how this transition reshapes critical areas like judicial accountability, defense cooperation, migration, climate security, and disinformation, underscoring the urgent need for new legal frameworks to protect democracy, security, and fundamental rights in an evolving geopolitical landscape.

03 November 2024

Henning Lahmann

European Security and the Threat of ‘Cognitive Warfare’

Alleged threats from outside actors to the information ecosystems of the liberal-democratic societies in Western Europe have prompted policymakers to look for solutions that utilize artificial intelligence. However, such a techno-solutionist framing securitizes and externalizes an issue that is ultimately primarily societal and internal in nature.

02 November 2024

Omar Kamel

Framing Fear

In the appraisal of international threats, seldom is media discourse included as an essential element of study. This post suggests that no analysis of international or European security is complete without considering the impact of mass media in shaping public perceptions of legal realities.

01 November 2024

Emma Bolopion

The European Union and Climate Security

As the discourse linking climate change and security keeps on developing, the Union has positioned itself as a key player on the matter. Political and military realities however seriously hinder its action.

Maciej Grześkowiak

EU Asylum Law in the Face of a Paradigm Shift

The contribution looks into what be be termed a paradigm shift in the field of asylum law, decisively away from a focus on the individual and towards harsh, indiscriminate measures, whenever ‘security’ so dictates.

31 October 2024

Jasmine Sommardal

Maintaining Resilience in Human Rights Interpretation

In the Religious Movement Advisory Opinion, the European Court of Human Rights established detailed risk and proportionality assessment criteria that deviate from its previous case law in individual applications. The Court thus seems eager to embrace its standard-setting role and the spirit of dialogue inherent in the advisory opinion procedure, indicating some potential for resilience in rights interpretation within this sensitive context.

Maria Bebec

Beyond the Letter of the Treaties

In the context of the EU’s intention to accede to the ECHR, the CJEU, through its recent case-law on restrictive measures, shapes the scope of its jurisdiction in CFSP matters and opens up new prospects for the future architecture of the EU legal order. The first part of this post recalls how the Court’s case-law on restrictive measures contributed to the constitutionalization of the CFSP through the extension of its jurisdiction in the matter. The second part presents the challenges posed by the most recent cases on EU sanctions and the possible implications of the Court’s responses.

30 October 2024

Sofia Vandenbosch

The Political Question Doctrine Under Close Control

The political question doctrine is a controversial admissibility requirement that intersects the rule of law and separation of powers. Based on recent ECtHR and ECJ judgments, this blog post highlights the need to evaluate the doctrine within a broader framework of legal accountability.

29 October 2024

Leon Seidl

A 486 Billion Dollar Investment

The Russian war of aggression against Ukraine has caused not only untold human suffering, but also immense damage to Ukraine’s physical, economic and social infrastructure. This contribution highlights the leading role of the European Union in coordinating international assistance for the reconstruction of Ukraine and its implications for the Union’s capacity to be a global player in peacebuilding and crisis management.

Carolyn Moser

On the Way to a European Defence Union

Is the EU on the path to a European Defence Union? Previously seen as militarily insignificant, the EU’s defence landscape is rapidly evolving in the wake of Russia’s invasion of Ukraine. This post explores how EU defence is changing in terms of aims, actors, and activities. It shows that the EU has left its comfort zone as a normative power to get ready for the geostrategic challenges of our time.

28 October 2024

Kerttuli Lingenfelter

A New European Map of Core International Crimes Accountability Spaces

For the core international crimes committed in Ukraine in the wake of the Russian war of aggression, criminal accountability remains a priority shared by, among others, Ukraine, the EU, EU member states, and the ICC. The contribution delves into the remaining uncertainty where accountability will be ensured.

Robert Stendel

The Council of Europe as a Preferable and Viable Partner to Ukraine for Prosecuting the Crime of Aggression

Recently, plans to establish a tribunal for the crime of Aggression against Ukraine under the auspices of the Council of Europe have gained momentum. As this blogpost argues, this is a viable and also preferable option to hold the Russian leadership to account.

Sofia Vandenbosch, Kerttuli Lingenfelter, Carolyn Moser

Law and Governance Variations of Europe’s Geopolitical Awakening

The first contribution of the online symposium Europe’s geopolitical coming of age - adapting law and governance to harsh international realities explores the profound changes in European security and defence law following Russia’s invasion of Ukraine. The new geopolitical realities of dealing with warfare in Europe set the scene for the symposium.

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