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    • 9/119/11 jährt sich zum 20. Mal. Welche Spuren hat dieses Ereignis in der globalen und nationalen Verfassungs- und Menschenrechtsarchitektur hinterlassen? Dieser Frage wollen wir in einer Folge von Online-Symposien nachgehen. Gefördert von der Bundeszentrale für politische Bildung bringen wir Rechtswissenschaftler_innen aus verschiedenen Regionen und Rechtskulturen darüber ins Gespräch, was aus den Erfahrungen der vergangenen zwei Jahrzehnte in Hinblick auf Völkerrecht und internationale Menschenrechte, Asyl und Migration, Überwachung im öffentlichen und privaten Raum, Presse- und Informationsfreiheit, Menschenwürde sowie Rechtsstaatlichkeit und Justiz zu lernen ist.
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28 Februar 2022
Lilla Nóra Kiss

Cognitive Illusions in Legal Interpretation

In the light of current happenings in certain Member States, many attempt to interpret or explain the withdrawal process under Article 50 TEU. The “exit” narrative seems dominant in journalism and academia: Grexit, Dexit, Dutch Exit, Huxit, Polexit, Frexit, Sloven Exit, etc. Some news portals frequently portray (not so odd) Constitutional Court decisions or current political events as declarations of withdrawal from the EU. These simplistic approaches are battle-ready political weapons in the hands of social media influencers and politicians on both pro and con EU sides, shaping public opinion based on disinformation. This is an irresponsible mistake that misdirects public discourse. Continue reading >>
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13 Oktober 2021
Herwig C. H. Hofmann

Sealed, Stamped and Delivered

By publishing the judgement K 3/21 of the Constitutional Tribunal of 7 October 2021 in Poland’s official journal, the Polish government has notified the European Council of the decision of the Republic of Poland to leave the Union. To avoid the serious consequences this entails for its citizens, Poland has two options. Continue reading >>
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11 Oktober 2021
Merijn Chamon, Tom Theuns

Resisting Membership Fatalism

While we fully agree with the main thrust of the editorial ‘The Exit Door’ on Verfassungsblog last Friday, we would like to warn against its seemingly fatalistic mindset. Yes, a Polexit from the EU is not on the table until the Polish government itself pushes the Article 50 TEU button, but the other EU Member States do not have to idly wait ‘hoping’ for a resolution to the crisis. Continue reading >>
0
20 Oktober 2020
Daniel Reichert-Facilides

Reinventing the European Union through Article 50?

Lech Wałęsa helped bringing down the Iron Curtain – now he takes his revolutionary spirit to the EU. His radical approach of institutional reform through abandonment of the current treaties deserves serious consideration. Continue reading >>
1
10 Juni 2020
Daniel Reichert-Facilides

Taming the Karlsruhe Dragon

In order to reconcile the conflicting claims for primacy within the parameters set by the BVerfG and EU law, the German parliament could (and should) amend the procedural rules for the BVerfG: the first, and most fundamental of these changes would provide for an order to conduct a referendum on whether Germany should exercise its right to withdraw from the EU under Art. 50 TEU as the only definitive judicial remedy available if a conflict between EU law and the German constitution cannot otherwise be resolved. Continue reading >>
3
28 April 2020
Julian Scholtes

On Doctrinal Contortions and Legal Fetishes

There seems to be a belief – especially persistent among some EU legal scholars – that even the largest political problems can be solved through the law. It suggests that any balance of authority and legitimacy between the EU and the Member States is, in fact, a mere technicality of institutional configuration, and a mere doctrinal sleight of hand would suffice to tip the scale of authority one way or another. This belief also seems to be underlying a recent blogpost by Christophe Hillion. Continue reading >>
0
27 April 2020
Christophe Hillion

Poland and Hungary are withdrawing from the EU

The latest developments in Poland and Hungary beg the question of what the EU may, or indeed shall do when a Member State no longer fulfils the prerequisites of membership. Can the Union force that state to meet its duties against its will? Or should it ultimately acknowledge that state’s choice, and proceed with its orderly retreat from the EU legal order? Continue reading >>
16
20 Dezember 2019
René Repasi

Avoiding the next Brexit Cliff-Edge

Boris Johnson wants to legally exclude the prolongation of the extension period of the Withdrawal Agreement. The way to prolong it nevertheless would be an amendment of the Withdrawal Agreement itself. Some argue now that any other way to change the transition period than its prolongation by the JC is legally impossible. Another reading of the legal situation is, however, supportable. Continue reading >>
1
10 Oktober 2019
Piet Eeckhout

Why the European Council Must not Reject an Article 50 Extension Request

As a matter of EU law, the European Council is not entitled to refuse the United Kingdom’s request for an extension, in the present circumstances. The decision to ask for an extension emanates from the United Kingdom’s highest authority, its sovereign Parliament. It is a democratic decision which the EU must respect, for else it would be expelling a Member State against its own sovereign and democratic will. Continue reading >>
6
10 Dezember 2018
Kenneth Armstrong

Sovereign Choices: The CJEU’s Ruling on Exit from Brexit

In today’s Wightman judgment, the CJEU has ruled that a Member State may unilaterally revoke its notified intention to withdraw from the EU prior to that withdrawal taking effect. The Court is clearly signalling that membership of the European Union, and the rights and responsibilities which come with it, is voluntary. As political messages go, that is a pretty big message. Continue reading >>
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Verfassungsblog is a journalistic and academic forum of debate on topical events and developments in constitutional law and politics in Germany, the emerging common European constitutional space and beyond.

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