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All Debates on Verfassungsblog
Verfassungsblog hosts online symposia on topical events and developments in legislation and jurisdiction and puts cutting-edge scholarship up for discussion. Our aim is to create a lively and multi-faceted constitutionalist public sphere in Europe and beyond. Since 2011 high-profile issues of public interest in constitutional law and politics have been at the center of controversial debates on Verfassungsblog on a regular basis, including the constitutional decline in EU member states like Hungary, the regional separatism in Scotland and Catalonia, European constitutional courts and their fraught relationships et.al.
28 November 2025
What “Real Risk” Means For AI-Assisted Refugee Status Determination
European asylum systems increasingly rely on AI tools—from identity checks to case summarisation—promising fairness and efficiency but also raising significant human rights and transparency issues. Because Refugee Status Determination depends heavily on credibility assessments amid limited evidence, AI risks replicating bias, introducing new proxy discrimination, and deepening epistemic uncertainty. This contribution asks how current AI models may generate foundational uncertainties in Refugee Status Determination and what, if anything, can be salvaged from AI going forward. Continue reading >>27 November 2025
Digital Visas Risk Deepening Discriminatory Borders
The deep challenge of equality by design is that it is no mere technical matter. Underlying equality law commitments is a contextual assessment of the impact of distributive systems on disadvantaged groups. This goes beyond the standard approach to “debiasing” in computer science, as the impactful contribution of Sandra Wachter and her team has demonstrated. However, applying these insights to the discriminatory borders requires even greater efforts. Continue reading >>Introduction to the Symposium on Algorithmic Fairness for Asylum Seekers and Refugees
How are digital and algorithmic systems reshaping asylum and refugee protection in Europe? Based at the Centre for Fundamental Rights at the Hertie School, the AFAR project brings together scholars across Europe to map the growing use of “newtech” in asylum and border governance—from automated decision-making to digital evidence and biometric tools. This symposium traces the project’s findings. Continue reading >>24 November 2025
From Backwater to Battleground
The EU acquis, as it affects research libraries, is characterised by both overlaps and gaps, which exist alongside forces and habits endemic to these institutions. While libraries have always been the place where the rubber hits the road – where the commands and constraints of different laws and policies need to be translated into a single body of practice – this contact is far bumpier today than it was before. This blog explores these tensions, as well as the additional complexity introduced by the circumstances in which libraries operate. Continue reading >>17 November 2025
The Case for a EU Digital Knowledge Act
The European educational, research and cultural heritage institutions face significant barriers to transition their practices into the digital environment. Despite playing a fundamental role in supporting the exercise of rights such as education, scientific freedom, and participation in cultural life, these institutions are peripheral to the EU’s digital legislative agenda. The proposal for a Digital Knowledge Act is a response to this regulatory blind spot. Continue reading >>Lawful Access as a Gatekeeper for TDM in the EU
Text and Data Mining (TDM) has become indispensable across disciplines: from medicine, where mining scientific articles can reveal patterns for new drug discoveries, to the humanities, where algorithms explore centuries of literature at once. The EU legislator embedded mandatory TDM exceptions into its Copyright in the Digital Single Market Directive. Chief requirement is that TDM can only be carried out on works to which researchers have “lawful access”. The concept of lawfulness, however, is anything but clear under EU copyright law. Continue reading >>14 November 2025
News, Information, and Knowledge
The EU adopted the press publishers’ right to strengthen the bargaining position of press publishers towards online intermediaries. As an intellectual property right, it gives publishers control over information flows and, by its nature, interferes with freedom of expression. Researchers, however, have an interest in being able to share and reflect upon matters of public interest brought forward by the press in online fora. As such, this post considers the press publishers’ right’s potential to curtail European researchers’ activities. Continue reading >>Synallagmatic Copyright
Copyright, which provides the exclusive rights that allow authors to control the use of their works, is based on a societal bargain that grants rights in exchange for purpose-bound access to the works protected. In the EU, this contract has become imbalanced. Copyright, in order to honor its social contract, must empower users and follow-on creators to enforce the limited rights they have by providing them with efficient enforcement tools. Continue reading >>13 November 2025
Thou Shalt Not E-lend
The CJEU in the VOB case has offered ample support for the need to include e-lending in the scope of the RLD. This interpretation not only recognises the public interest of society at large in accessing knowledge necessary for cultural, technological and economic development, but also supports authors who, thanks to the derogation of Art. 6 RLD, are entitled to specific remuneration. However, the Court missed the techno-regulatory turn in this story. Continue reading >>Unlocking Potential
EU copyright law’s teaching exceptions do not deserve a perfect grade. The law unduly privileges classical teaching practices by traditional educational institutions over more informal ways of teaching, it grants too much power to publishers, and it allows for differences in transposition, which hinder cross-border teaching projects and negatively impact the common market. Each of these elements should change. Continue reading >>12 November 2025
Beyond Copyright
Open Access is seen as a terrific opportunity for researchers to spread knowledge at unprecedented speed and increase society’s wider participation in cultural life. In contrast, traditional publishing models, with their rigid market dynamics, are aimed at rewarding rightsholders but feature visible contractual asymmetries that put researchers’ freedoms at stake, an imbalance that Second Publication Rights aim to redress. Continue reading >>Reconciling EU Copyright Protection With the Right to Research
Considering the rapid evolution of digital technology and changing research approaches, it is doubtful whether the current EU copyright acquis offers sufficient support for research that requires access to protected knowledge resources. To this day, EU copyright law misses a general research clause that would allow researchers to do their job in the current information society and contribute to the improvement of societal conditions – regardless of constantly changing technologies and access routes to knowledge resources. Continue reading >>11 November 2025
Access to Knowledge on the Move(ment)
In her State of the Union speech, Ursula von der Leyen outlined several key priorities, among which one unmistakably stood out as a core objective: strengthening the EU Single Market. And there it was again – resurfacing with growing political weight – the call for a “fifth Freedom”: the free movement of knowledge and innovation. This contribution examines the legal implications that a new Freedom of movement could have on the right to access knowledge in the fields of research and education. Continue reading >>Rooting Access in the Union’s Constitutional Norms and Values
The EU is currently experiencing epochal shifts. Key to addressing these challenges is harnessing the innovation potential of the ‘old continent’ by rediscovering the intellectual roots of an open, free, and progressive society. With the advent of digitisation, copyright law has generated chilling effects on innovation and creativity. Removing them is essential for exploiting Europe’s potential for creativity and innovation. Continue reading >>10 November 2025
Shaping the EU Digital Knowledge Agenda
The digital revolution has multiplied the potential for research and learning, which are preconditions for innovation and development. Nonetheless, the legal framework in the EU governing access and use of knowledge dates back to the analogue age. For this purpose, research and education must be prioritised, and the well-known regulatory hurdles urgently need ambitious reform. Continue reading >>05 November 2025
Visualisation of the Advisory Opinion on Climate by the International Court of Justice
While many commentators continue to add valuable words, this blogpost communicates through pictures. A collaboration between a lawyer and two designers, our data story considers the Court’s reasoning and links its consequences to interrelated information. Continue reading >>03 November 2025
Toward Structural Climate Reparations?
Legal scholarship on climate reparations has so far focused almost exclusively on financial compensation whereby wealthier nations provide funding to cover the costs of climate-induced disasters in developing countries. Yet, cash transfers alone are insufficient to address the deeper structural barriers that prevent countries in the Global South from mobilizing the resources needed for effective climate mitigation and adaptation. This blog post argues for a shift toward structural reparations that address both the crushing debt burdens and climate vulnerabilities facing Global South countries. Continue reading >>02 November 2025
Looking for an African Perspective on the ICJ’s Climate Advisory Opinion
Despite the fact that Africa, as a continent, has contributed the least to climate change and is already suffering some of the worst of its impacts, with almost no financial support or relief from historical polluters, African concerns, arguments, and solutions got little attention in the ICJ advisory opinion. While Tadi and Sebutinde called on African idioms to articulate their response to the opinion, they fell short of articulating an African perspective on the obligations of States in relation to climate change. Continue reading >>20 October 2025
The Case for a Global Ban on Industrial Animal Agriculture by 2050
We propose a global ban on industrial animal agriculture by 2050 because this food system causes massive, unnecessary, and transboundary harm to humans, animals, and the environment. Addressing these harms requires international coordination, inspired by successful efforts to regulate or ban other harmful products or processes, ranging from mercury and tobacco to child labor and torture of enemy combatants. This contribution summarizes the key legal rationale, precedents, and instruments for our proposed ban. Continue reading >>Towards the True Price of Meat
Despite mounting scientific and ethical consensus about the multiple harms of meat production for animals, humans and the environment, current regulatory frameworks largely fail to internalise these costs. On the one hand, animal agriculture is resource-intensive, contributing significantly to climate change, deforestation, water pollution, and biodiversity loss. On the other, it entails systemic ethical issues with regard to the breeding, keeping and killing of animals. This contribution explores the legal feasibility of a cap-and-trade system for meat designed to address the multifaceted harms of animal agriculture and to push meat products closer to their true price. Continue reading >>18 October 2025
Meat Consumption Corridors as Transformative Meat Governance
Meat consumption corridors are a tool for transforming the current meat system. In a fair and just manner, they are intended – both conceptually and in practice – to help bring high meat consumption down to levels that can be considered ecologically sustainable and socially acceptable. Accordingly, this tool also supports scaling down and moving away from industrial animal agriculture. Continue reading >>17 October 2025
Academic Freedom as a Human Right
New attempts by the U.S. administration to tie federal funding to an ideologically driven “Compact for Academic Excellence” have sent shockwaves through universities, raising alarms about political steering of curricula and governance. These developments are not isolated: they echo tactics increasingly used worldwide, including within the EU, where subtle regulatory and financial pressures are reshaping the academic landscape. To counter this erosion, the EU must treat academic freedom not as a sectoral issue, but as a fundamental right under Article 13 CFR. Continue reading >>Speaking Out on Campus
Campus protests have been testing European universities. The demonstrations at Freie Universität Berlin highlighted the tension between seeing universities as open spaces for free speech and regarding them primarily as institutions dedicated to academic discourse. German courts have leaned toward the latter approach, whereas EU law provides a broader scope for academic freedom while still tying it to academic contexts. Although the upcoming European Research Area Act does not appear to address this issue, guidance from EU law could help universities strike a better balance between protecting the right to protest and safeguarding academic freedom. Continue reading >>16 October 2025
Accent on the Language of Instruction
Language of instruction in European higher education is increasingly contested. Once tied mainly to minority language protection, language policies now shape debates on internationalisation and the spread of English-language teaching. Yet their implications for academic freedom as a legal right remain understudied. This post aims to explore what interpretative guidance on language of instruction can be drawn from other legal systems and how it could inform future interpretations of Article 13 CFR’s linguistic dimension. Continue reading >>Can Public Procurement Lead Us to a Meat-Free Future?
Public institutions, such as schools, hospitals, prisons, and military bases, serve millions of meals every day. This makes governments some of the largest food purchasers in the world. With such immense buying power, the question arises: could public procurement be used as a tool to promote more sustainable, plant-based diets and reduce meat consumption? The concept of leveraging public procurement law to encourage meat-free meals is gaining momentum. But while the potential is significant, the path forward is anything but simple. Continue reading >>Academic Freedom of Language
The freedom to teach, conduct research, and study is inseparable from language, which shapes how knowledge is produced, shared, and contested. A legal framework regulating academic language therefore directly affects the scope of academic freedom. Yet, while Article 13 of the EU Charter guarantees that freedom, it makes no mention of linguistic rights. This raises a crucial question: does academic freedom also include the right to choose the language in which it is exercised? The answer, this piece argues, is yes – but its scope depends on whether we look at the institutional or individual dimension of academic freedom. Continue reading >>15 October 2025
Castles of Illiberal Thought
On the hills of Buda, a vast new campus for Mathias Corvinus Collegium (MCC) – an Orbán-linked “think tank” and training ground for illiberal elites – is taking shape. Though still little known internationally, MCC has grown into a sprawling network with over 35 locations across Hungary, the wider Carpathian Basin, and even Brussels. Its recent “report” attacking the EU’s Jean Monnet programme and individual academics as “propagandists” signals how it seeks to shape narratives about Europe and academia. Positioned at the intersection of authoritarian legitimation and elite co-optation, MCC is not just a Hungarian phenomenon – it is a challenge to academic freedom with broader European implications. Continue reading >>The Case for an Animal Welfare Levy
Meat consumption imposes externalities on farmed animals. According to basic economic principles, such negative externalities can be addressed through corrective measures, such as taxation, which align private costs with the broader social costs. This raises a novel policy question: should meat be taxed to account for its impact on animal welfare, and if so, what would be the appropriate level of taxation? Continue reading >>As Open as Necessary?
Vetting researchers, screening funding, and restricting dual-use fields show how science has moved to the heart of national security concerns. Within the EU, “research security” has become central to the strategic autonomy agenda, aiming to protect research from espionage, IP theft, and undue foreign influence. Yet securitising science also risks expanding political control and subordinating research to security and market logics. As such, Article 13 of the EU Charter of Fundamental Rights must be interpreted to protect academic freedom not only from direct state interference, but also from this subtler colonisation by political and economic systems. Continue reading >>14 October 2025
