13 March 2024
Privileges Constrained
Last week, the Indian Supreme Court delivered its judgment in Sita Soren v. Union of India, holding that parliamentary privilege – the constitutionally recognized legal immunity of legislators – does not extend to bribe-taking for exercising their legislative vote or speech a certain way. In this blog post, I discuss the Court’s formulation of the essentiality test, as well as its conclusions on the availability of privilege for bribe-taking. I argue that while the ruling can strengthen democratic institutions since it protects the integrity of legislative processes, certain risks in the essentiality test’s composition – which risk depriving important legislative functions of privilege – must be addressed. Continue reading >>
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07 December 2023
The Pilnacek case – A challenge also for the European rule of law
With the “Pilnacek” case, the debate on corruption in Austria – ongoing since the "Ibiza affair" (May 2019) but largely inconclusive so far – is heading for a new high point. The affair showcases massive political influence on the Austrian criminal justice system and proves that it is challenging to bring the problem of corruption under control. One of the main reasons is that Austria has not made the necessary adjustments to the European "acquis communautaire" since its (relatively late) accession to the EU and keeps ignoring fundamental principles of EU law. Since 2000, there have even been setbacks. The case of Christian Pilnacek illustrates the problem of corruption in Austria in an exemplary manner. Likewise, it underlines the continuing backlog of reforms in Austria and the country’s unwillingness to adjust to the European rule of law. Continue reading >>
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30 October 2023
Justifying a Political Dynasty
The Indonesian Constitutional Court has handed down a highly controversial decision lowering the minimum age requirement for presidential candidacy. It raises further alarms about the Court's independence, as the petitioner sought to allow President Jokowi's son, Gibran Rakabuming Raka, to run in the 2024 presidential elections. Worse, the current Chief Justice is married to the President's younger sister, and the Court's legal reasoning it not sound. Continue reading >>18 July 2023
Judges and Organized Crime
Scandalous arrests of judges taking millions in bribes continue to make headlines. For purging the judiciary from corruption, vetting the integrity of judges through internationally supported commissions has become one of the most promising tools. In July 2023, the ECtHR has upheld the dismissal of yet another prominent judge – who had served, both, at the Constitutional Court and the Supreme Court of Albania (Thanza v. Albania). While it is obvious that a judge should be dismissed for engaging in organised crime, this case may be the first in the world to raise another, rather unusual question: Can a judge be dismissed simply for having contact with organised crime, even if he has never committed any offence? Continue reading >>
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13 January 2023
Tougher Integrity Rules for the European Parliament
The current scandal at the European Parliament might trigger an overdue discussion: Foreign officials should be either prohibited to lobby on legislation or be subject to rigorous disclosure rules. Continue reading >>
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12 January 2023
Das Postfaktische über Korruption in der Europäischen Union
Auch wenn es dem Europäischen Parlament in den letzten Jahren gelungen ist, eine Mehrheit zu finden, um die Mitgliedstaaten Ungarn, Polen, Rumänien, die Slowakei, Bulgarien und Malta wegen Korruption zu schelten, ist es weitaus schwieriger, seine eigenen Mitglieder zu kontrollieren. Das Europäische Parlament ist der absolute Herrscher über seine eigene Integrität. Wenn es seine Möglichkeiten einschränken will, indem es volle Transparenz bei Sitzungen, Zugang, Ausgaben und Reisen bietet, kann es das tun - gute Vorschläge liegen schon seit Jahren vor. Continue reading >>
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12 January 2023
Subsidy Fraud, Relevant Markets and Presidential Elections
Former prime minister and now a member of the Czech parliament Andrej Babiš scored a victory only a few days before the upcoming Czech presidential elections. On 9 January 2023, the Municipal Court in Prague finally issued a verdict in a criminal case involving him and his colleague Ms Nagyová on charges of grant fraud and damaging the financial interests of the European Union. The court concluded that the acts of Mr Babiš and Ms Nagyová, as framed by the prosecution, did not constitute a felony. Hence, to the surprise of many, including Mr Babiš’ attorney, the court acquitted both defendants. The importance of the case can hardly be understated. Continue reading >>
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10 January 2023
Qatargate: The tip of the iceberg?
It is strange that the European Union, which is so insistent that Member States and third countries should comply with the rule of law, does not yet have a binding global framework for implementing the principles of transparency and good administration. Unfortunately, thirteen years after the entry into force of the Lisbon Treaty, legislative transparency is far from being ensured and Article 298 TFEU on good administration has only been triggered this year for the first time. Continue reading >>20 December 2022
The Post-Truth about Corruption in the European Union
Even if the European Parliament has in recent years managed to get a majority to scold member states Hungary, Poland, Romania, Slovakia, Bulgaria and Malta on corruption it has a far more difficult time in controlling its own members. The current Qatar gate so far involves just a few MPs alongside EP vice-president PASOK Eva Kaili. However, Qatar paid luxury trips for several MEPs, although a few refused, and some more MPs had offered public endorsement to Qatar already. The European Parliament is the absolute sovereign of its own integrity. If it wants to cut opportunities by offering full transparency on meetings, access, expenses and travel, it can- good proposals have been laying around for years. Continue reading >>
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15 December 2022
The Qatar Scandal and Third Country Lobbying
The EU was given the worst kind of early Christmas present: a corruption scandal that has rocked the Union to its core giving ammunition to anti-EU populist actors and drawing attention and schadenfreude from outside the EU. The facts of the case remain under investigation, but the case has already been approached from many angles.Qatar has been given the role of an international villain in this story, and the EU has used the opportunities to frame the case as malign third country efforts to corrupt the EU. While there is no denying the corrupting role of a third country, the EU’s framing enables it to pose as a victim, which, as I argue in this blogpost, is intellectually dishonest and harmful. Continue reading >>
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