02 September 2021
General Prosecutor, the Supreme Leader of the Slovak Republic?
On 31 August 2021, General Prosecutor of the Slovak Republic annulled charges against former director of the Slovak Secret Service and four other high-profile individuals held in custody due to corruption allegations. Many Slovak politicians have clearly become accustomed to the GP/SP serving as a crucial line of defence against undesired effects of the justice system. The 7-year term conferred on the GP in a secret vote by MPs is meant to enhance his or her independence. In practice, the length of the term and near irremovability has more often than not protected the GP from accountability for their actions. Continue reading >>
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12 Mai 2021
Short but Sweet
On 11 May 2021, Bulgaria’s President Rumen Radev issued a decree appointing a caretaker government, which means that the dissolution of the 45th National Assembly is imminent. This National Assembly, which was first convened on 15 April 2021, was rather short-lived, but it paved the way to fairer elections and much needed reforms in the justice system which civil society demands. Continue reading >>
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03 Mai 2021
I am the State
The final report of the European Commission dealing with its decision on the European subsidies for the companies associated with the Agrofert holding owned by the Czech Prime Minister has been published on 23 April. Babiš' strong reaction not only reveals something about the ongoing conflict of interest, but also about his neo-patrimonial ruling in general. It is clear that Babiš does not distinguish between public and private positions – he treats public property in the same way an entrepreneur treats private property. Continue reading >>
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10 März 2021
Operation Car Wash on Trial
On 8 March 2021, the legal and political world was surprised by a judicial ruling of Justice Fachin, from the Brazilian Federal Supreme Court, which annulled three criminal cases against the former President Lula da Silva in the context of the so-called Operation Car Wash. In the following, we aim to recover some of the main arguments, positions and surrounding political scenario that involves Lula’s cases. The Federal Supreme Court seems to try to create a scenario for the reconstruction of the rule of law, which has been severely impaired in the past five years. Continue reading >>
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05 März 2021
Money Talks
One of the judges of the Constitutional Court of Albania was dismissed after the country introduced radical judicial vetting measures. She challenged her dismissal before the ECtHR, claiming her rights to a fair trial and respect for private and family life were violated. In its decision in Xhoxhaj v Albania published on 2 February 2021, the ECtHR rejected her application and gave clear priority to the need for cleaning up a corrupt judiciary. It denied protection under the ECHR to those who seek to abuse human rights for protecting a status quo of corruption. Continue reading >>
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30 November 2020
Nothing will Change
On 15 November 2020, the reformist, pro-European candidate Maia Sandu has won the presidential election in the Republic of Moldova. Sandu has raised great expectations among the population that she will eradicate corruption and mitigate the devastating effects of COVID-19. As the confetti has been swept away and the euphoria about her victory is passing, it is doubtful, whether President Sandu can deliver on her campaign promises, given the President’s limited powers and the composition of parliament. Continue reading >>
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20 November 2020
So It Goes – Part II
This week, the Hungarian and Polish governments vetoed the critical elements of the European Multi-Annual Financial Framework and Recovery Fund that required the unanimous consent of European Union Member States. Prime Minister Orbán had been threatening this veto ever since the European Commission proposed to link the distribution of these funds to comply with the rule of law. The Brussels veto this week coincided with a domestic legal blitz in Budapest as a major constitutional amendment, and a flurry of new laws and decrees appeared all at once. The two legal events are related. Continue reading >>
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22 September 2020
Reinstating Corruption
Since he was elected in 2014, Indonesia’s President Joko “Jokowi” Widodo has incrementally used constitutional and legal mechanisms to undermine democratic values. Last year, on 17 September 2019, the Jokowi administration and the House issued the biggest move to weaken the law enforcement institutions: an amendment to the law of the Anti-Corruption Commission (KPK). The KPK used to be the most trusted law enforcement institution in Indonesia, but the past year has demonstrated clearly that it is no longer able to exercise its authority to effectively prosecute and investigate corruption cases. Continue reading >>15 Oktober 2019
‘Ze-Gate’: Excepting Accountability
On September 24, the democrats in the House of Representatives announced a formal impeachment inquiry of President Trump for allegedly having pressured Ukrainian President Zelenskiy during a call to probe Joe Biden, former US Vice-President and Trump’s political rival. The content of the conversation raises questions about the integrity of Ukraine’s President. Impeaching Zelenskiy, however, is not a viable option as Ukraine’s constitution sets a practically unattainable threshold for impeachment. Continue reading >>
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15 Oktober 2019
Deep Rot in Slovakia
Unlike in Poland and Hungary, the government in Slovakia has not mounted a serious offence against the judiciary in the preceding decade. On the contrary, there is a persuasive argument that a high degree of judicial (and prosecutorial) independence has shielded individuals from being held accountable. Continue reading >>
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