10 July 2025
Judicial Acquiescence to Presidential Immigration
Mahmoud Khalil, Kilmar Ábrego García, and Rumeysa Ozturk are just a few of the people against whom the second Trump Administration has openly engaged in alarming forms of immigration enforcement. There is an underappreciated way in which the Supreme Court has defanged the judiciary’s systemic ability to confront the executive branch’s illegal immigration behavior: It has failed to draw on U.S. administrative law. In doing so, it has diminished a vital structural judicial check on presidential power – one that lower courts, and even a future Supreme Court, may find increasingly difficult to deploy. Continue reading >>
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20 January 2025
The Hidden Reach of the EU AI Act
The EU AI Act not only regulates artificial intelligence but also triggers the application of the EU Charter of Fundamental Rights, embedding EU principles of procedural justice into national administrative law. This development advances the Europeanisation of domestic legal systems and reshapes the balance between EU and national public law in the digital age. Continue reading >>
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05 October 2023
Slicing Away at Regulatory Statutes
In its June 2023 decision in Sackett v. EPA, the U.S. Supreme Court interpreted the Clean Water Act of 1972 to significantly cut back its water pollution protections and to hand an important victory to private property owners. Sackett is not simply important for its impact on environmental protection. Although it may be among the Court’s less visible recent rulings, it follows the Court’s trend of anti-administrativist rulings and may add importantly to the Court’s kit of anti-regulatory interpretive tools. Continue reading >>
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06 September 2022
Hybrid EU External Border Management
The recent resignation of the Executive Director of Frontex disguises in fact the many structural problems and flaws resulting from the hybrid exercise of significant executive powers within a shallow legal framework. This blogpost argues that this leads to a lack of clarity, adequate controls and safeguards which in turn creates fertile ground for abuse of power and unaccountability. Continue reading >>
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07 July 2022
A Reckless Decision
On Thursday, 30 June 2022, the Supreme Court of the United States issued its long-awaited ruling in West Virginia v. Environmental Protection Agency on the final day of the Court’s term. In a 6-3 decision, the conservative-majority Court held that the EPA lacks authority to require power plants to achieve the “best system of emissions reduction,” thereby hampering the United States’ ability to tackle climate change—decades after the government first learned of the crisis.
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03 September 2020
The Contingency of Governance in the EU
Administrative lawyers are of course aware that the techniques they study and use have existed in different historical periods and have been deployed in different political regimes. But these comparative referents tend to disappear too quickly when it comes to deriving from the governance virtues of the EU, practiced by its institutions and agencies, and the law that may incorporate them, the ability to transform the constitutional characteristics of a political system. Continue reading >>
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19 June 2020
Arbitrary and capricious
On dreamers, Trump, the US Supreme Court and the difference between a Rechtsstaat and an authoritarian regime. Continue reading >>
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19 June 2020
Willkürlich und launenhaft
Über Dreamer, Trump, den US Supreme Court und den Unterschied zwischen einem Rechtsstaat und einem autoritärem Regime. Continue reading >>
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