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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