15 June 2023
SLAPPs, Daphne’s Law, and the Future of Journalism
Media freedom has many dimensions. Whereas the EMFA deals directly with media oversight bodies and the likes, the proposed anti-SLAPP (strategic lawsuits against public participation) directive weighs into a more niche but crucially important topic: the silencing of journalists through bogus litigation. Such bogus litigation - or SLAPPS - does not intend to „win” cases but to slowly but steadily dry out journalists financially, emotionally, and socially. Currently, the Council of the European Union and the European Union Parliament are working on their proposals of the directive. It is crucial that the Commission’s proposal will not be watered down. Continue reading >>
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05 April 2023
Turkey’s Envisioned Exit from Authoritarianism
Turkey has been ruled by the AKP under Recep Tayyip Erdoğan’s leadership for more than 20 years. Throughout this time, Erdoğan got almost total control over state administration and judiciary, and enchained the media and big capital owners to himself. The Nation Alliance vows to change the political regime from executive presidentialism to parliamentary democracy in case it should defeat Erdoğan on May 14. In that regard, Turkey will turn over a new leaf in its Republican history, if, for the first time, a regime change would take place through a civilian transition. Continue reading >>04 April 2023
Rahul Gandhi’s Disqualification and the Future of Political Opposition in India
With the general elections scheduled for early next year and several crucial state elections lined up for later this year, the ruling party’s onslaught on their opposition continues in India. The Bharatiya Janata Party (“BJP”) government has left no channel of state power unused in its crusade against opposition parties. The disqualification of Rahul Gandhi – one of the most prominent leaders of the opposition from the India National Congress (“INC”) – is another episode of the degeneration of democracy in India. Continue reading >>
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24 January 2023
The Sultan’s Last Dance
Long-time ruler Recep Tayyip Erdoğan recently declared that he would run for president for the last time in the upcoming elections in 2023, indicating the end of his political career that stretched over four decades. This may sound like a strategic move to mobilize voters but it is actually not possible for him to run again according to the current constitution. The possibility for a renewed or "last" run for office does not lie in the hands of Erdoğan alone. Continue reading >>
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25 November 2022
#DefendingTheDefenders – Episode 2: Belarus
In the second episode of Defending the Defenders, we talk to Dmitri Laevski about the rule of law and human rights in Belarus. Dmitri is a criminal attorney turned human rights lawyer in the wake of the 2020 presidential elections. He takes us through the recent history of the rule of law in Belarus, from realising that the concept he learned about in university didn't really exist in practice to the organisation of the legal professions in the last decade to the rule of law crackdown in 2020 and ever since. Continue reading >>
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08 November 2022
Why the DSA could save us from the rise of authoritarian regimes
The rise of extremist right-wing governments, as observed recently in Italy, is closely linked to the business models of large digital platforms such as Facebook and YouTube. Their algorithms polarise debates and stir up emotions because that enables them to keep people on their screens for longer and show them advertising. The European Union’s Digital Services Act is the framework to address this dangerous development. Continue reading >>28 September 2022
The Shadow of the Past, the Challenges of the Future
The outcome of Italy's election has caused worried reactions and general alarm both across Italy and internationally. It is the first time since the dark days of fascism that a right-wing party has won the general election and will likely head the government. It is undoubtedly a turning point in Italian politics and history, a radical shift in the political spectrum. Is Italy’s constitutional system resilient enough to deal with the post-fascist legacy of Brothers of Italy? Is Italian democracy in danger? Three days after the elections we have to be cautious with any such predictions, but I think some preliminary answers are possible already at this early stage. Continue reading >>
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27 September 2022
Of Punks and Nerds
The 1970s and 80s brought about two new social archetypes – the punk and the nerd. While the anti-establishment punk wants to trash the (economic, political, social) system, wants to provoke and get attention for the sake of it, the nerd behaves rather inconspicuously but effectively. He might be socially awkward and overlooked at first, but skilled and smart as he is, he knows the rules of the game and the mechanisms to get ahead with his plans. When looking at different authoritarian leaders in the world today, these two archetypes come to mind. In this blogpost, I want to use these two archetype of authoritarian leaders to analyse their behaviour and sketch the contours of an analytical framework to compare and distinguish between them. Continue reading >>26 September 2022
The Brazilian Federal Supreme Court’s Reaction to Bolsonaro
It is a relatively uncontroversial opinion that the Brazilian president Jair Bolsonaro has undermined the rule of law and its constitutional institutions. This contribution concentrates on the Brazilian apex courts to show how a mix of resilience in day-to-day work and a few confrontational positions played an important role in safeguarding the autonomy and independence of the judicial branch in Brazil during Jair Bolsonaro’s term. Continue reading >>
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23 September 2022
Pandora’s Box and Nostalgia
Especially over the last three years, people have been demonstrating on the streets of Brazilian cities, expressing their support of Jair Bolsonaro and even demanding the return of military rule. „I authorize“ (military intervention) is a now common cry among Bolsonaro’s sympathizers, often read on banners. Some of the demonstrators are more explicit and openly demand „Military intervention with Bolsonaro“. Why is this happening? Why are these citizens willing to give up their citizen rights not only in favour of a military dictatorship, but of a leader who apparently is capable of seducing, yes, hypnotising them in a way that no General-President during the military dictatorship could ever do? Continue reading >>
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