DEBATE
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.
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
Meat-Free Nudging
In the last decades, we have learned a great deal about how human beings think and act. We now know far more about our species than we ever did. What we have learned tells us what we might do to change current behavior. In particular, we know a lot about what we might do to nudge meat-free eating. Let’s start with people, and then turn to behavior change. Continue reading >>The Hungarian Roadmap
The Hungarian play script of infringements on academic freedom under the Orbán-regime provides useful junctures on how academic freedom can be both captured and conceptualised. I speak from first-hand experience. As I have chronicled before, I was fired from one university for political reasons; laid off from another after it was forced into exile; and have been working at an institution that has been renamed five times, reorganised, and put under continuous existential pressure since 2010. Five years after the Lex CEU case, it is safe to say that academic freedom is systematically being violated in Hungary. Its roadmap has at least eight lessons to offer. Continue reading >>Hitting the Mark?
The Lex-CEU judgment clarified that Article 13 CFR protects both the individual and institutional dimensions of academic freedom. While democratic backsliding was clearly “at the heart of this case”, the judgment did not discuss democracy and the rule of law, at all. And despite considerable attention paid to the EU’s action for safeguarding the two EU values, academic freedom has not been methodically discussed in this context, either. Five years later, it is thus time for a systematic approach to academic freedom, treating it also as a democratic value. This can have potential consequences for its integration into the EU’s rule of law toolbox, as well. Continue reading >>13 October 2025
Labour Entitlements for Labouring Farm Animals
Animal rights discourse involves a persistent tension between the welfare paradigm and the fundamental rights approach. As an alternative to both, I argue that labour entitlements offer a more promising and pragmatic path forward. This framework places the legal approach to animals within a framework that recognises both their economic contribution and their subordination to capital. Continue reading >>Twists and Turns
In the name of academic freedom, copyright in scientific works is entrusted to their researcher-authors. However, academics are strongly incentivised to publish their works in proprietary subscription journals, access to which universities and other research institutions are obliged to pay. The Open Access movement attempts to push back by encouraging or requiring researchers to release copyright in their works openly. While this has given rise to objections based on academic freedom, whether Open Access is compatible with academic freedom is a question that should be approached via a principled examination of the purpose and scope that freedom. Continue reading >>Transforming the Meat and Dairy Industry through Environmental Litigation
In light of prevalent nationalist populism, what type of strategic litigation against the meat and dairy industry is likely to be most transformative? Activists formulating their strategy need to consider the interrelated questions of what interests to highlight, whom to sue, and what legal norms to invoke, whilst being aware that nationalist populists will try to use any judgement to their advantage. Continue reading >>Setting the Scene
Academic freedom and freedom of scientific research are enshrined in Article 13 of the EU Charter of Fundamental Rights. For the longest time, however, this Charter article received practically no or very little attention in both scholarship and EU institutional and jurisprudential practice. The developments are many and rapid, and need to be assessed against the Art. 13 CFR-standard whose content is work-in-progress in judicial and policy practice as well as academic work. This symposium seeks to shed light on all of this and stimulate much needed further reflection. Continue reading >>10 October 2025
Transforming the Livestock Sector through Climate Change Mitigation Law
Increasingly, the climate impact of our diet is being recognised. The uncomfortable knowledge that the contents of our dinners can affect planetary health makes the issue of mitigating these emissions contentious, particularly with regard to our consumption of animal products. The role law has historically played and is still playing in creating the current levels of livestock production is often displaced in this debate – instead, we often focus on individual consumer choice or the perceived responsibility of farmers to consider sustainability in their farming practices. Continue reading >>09 October 2025
The Shape of Things to Come
While global meat governance currently faces significant political obstacles to transformative change, early signs point toward a shift toward a more sustainable and responsible global food system. The extension of legal principles such as the no-harm rule to climate change, the emergence of a global governance complex, normative frameworks like One Health, and the recent proliferation of policy initiatives may even signal the early formation of a new global food system architecture. Driven by bottom-up forces, these developments have the potential to reshape current practices and advance sustainable meat governance. Continue reading >>08 October 2025
The International Law of Meat Trade
The legal barriers erected by international trade law tend to stymie animal welfare policies. States might, in good faith, fear to violate international trade law. They also use the international trade regimes as a scapegoat for not promoting animal welfare domestically. This happened in Switzerland with foie gras, a cruelty meat product which, after discussion in Parliament, has not been prohibited. The argument was that a market ban might violate WTO law. Continue reading >>07 October 2025
Is Meat the New Oil?
For decades, the global community has grappled with the increasingly urgent need for an equitable transition away from fossil fuels – achieving some, but inadequate, progress. Today, there is growing recognition that meat and other animal products, particularly from the industrial systems that enable high levels of meat consumption, also have far-reaching environmental, public health, and social impacts. This industry will need to transform on a similar time frame in order to achieve climate and broader sustainable development goals. Continue reading >>Exxon Knew. Did Big Beef, too?
Just like the fossil fuel industry, the meat industry teamed up with trade associations, public relations, and “merchants of doubt” to distribute disinformation, downplay their role in global warming, and influence climate policy. Our research showed that all of the 10 largest U.S. meat and dairy companies had directly contributed to efforts that minimized the link between animal agriculture and climate change. For eight of the 10 companies, we found evidence of lobbying on climate issues between 2000 and 2019.Just like the fossil fuel industry, the meat industry teamed up with trade associations, public relations, and “merchants of doubt” to distribute disinformation, downplay their role in global warming, and influence climate policy. Continue reading >>06 October 2025
How the Sausage Is Made, or Lobbying by the Meat Industry
Despite the negative externalities of meat production, be it for public health, the environment, and, of course, animals themselves, the consumption of meat is still on the rise in many countries in the world, and the regulation of meat production remains lax. One important reason for this lies in the influence that the meat industry has been exerting on lawmaking. Continue reading >>03 October 2025
Avian Flu Shows the Need for Transformative Meat Governance
Serious zoonotic risks are inherent in intensive animal production and also in non-intensive animal production. Production scale does not make one type more or less dangerous or immune. Zoonotic disease risk is one compelling justification, among many other reasons discussed in the other contributions to this debate, for transformative meat governance. The issues are urgent, and the time is now. We cannot wait for the next major crisis, the next pandemic, or the next headline news of another animal cruelty exposé in the animal agriculture industry. Continue reading >>02 October 2025
The Environmental and Health Impacts of Animal Source Foods
It is now well-established that our diets and the food systems underpinning them have substantial impacts on both our health and the environment. What is also clear is that without dietary changes towards more balanced and predominantly plant-based diets, there is little chance of limiting global warming, biodiversity loss, and environmental resource use and pollution more generally. This contribution summarises research on the environmental, health, and social aspects related to changes in diets and food systems with a particular focus on the role of animal source foods. Continue reading >>01 October 2025
The Philosophers’ Dinner, or the Difficulty of Dissent
For centuries, philosophical debates on killing animals for food have been self-servingly distorted. And now that the animal-industrial complex has become a global killing machinery, traditional critical thinkers remain silent on nonhuman exploitation. This contribution challenges this silence, trusting in the new radical oppositional thinking. Continue reading >>Defund Meat: A Call for Transformative Meat Governance
“Defund Meat” may be an unusual and perhaps provocative title for a critical interdisciplinary discussion around meat in the Anthropocene. At first blush, it may sound like a crude activist slogan, or a hopelessly idealistic call for abolishing the meat system. Upon closer examination, however, it turns out to be a sheep in wolf’s clothing. As I shall argue, defunding meat is a much more commonsensical, pragmatic, and mainstream(able) proposition than its radical overtone might initially suggest. Continue reading >>Margarette May Macaulay
Since childhood, Margarette May Macaulay has stood up for her own rights and those of people less privileged than herself. A former judge at the Inter-American Court of Human Rights and past President of the Inter-American Commission on Human Rights (IACHR), she has dedicated her professional and voluntary work to advancing the rights of women, children, migrants, and other marginalized groups. Continue reading >>25 September 2025
Tunisia’s Missing Court
Public institutions are inherently human and therefore fallible, making constitutions essential as legal guardrails against the abuse of power. Yet constitutional oversight requires not only legal authority but also legitimacy, without which democracies risk repeated crises. In many countries, including Tunisia, this responsibility has been entrusted to constitutional courts. Tunisia’s attempts to establish a fully functioning court – first in 2014, then again in 2022 – highlight the challenges of securing effective and legitimate constitutional oversight. Continue reading >>24 September 2025
Judicial Independence and the Constitution Hill Global Guidelines on Apex Court Appointments
A key goal for any polity in transition should be the establishment of an independent judiciary, alongside the incorporation of new constitutional rules, guidelines – such as those articulated by the Constitution Hill document – to secure judicial independence in the future. Only independent judges can ensure that the aims of transitional justice are achieved. Continue reading >>23 September 2025
Judicial Appointments and the Integrity of Apex Courts
In a world in which democracy appears to be in retreat, and attacks on the judicial branch of government, especially apex courts, are depressingly on the rise, the Constitution Hill Global Guidelines on Apex Court Appointments seek to turn our attention to two key aspects of judicial appointments (the criteria for appointment and the process to be followed) that are too often unexamined. Continue reading >>22 September 2025
