22 April 2026
Judging the Judges
On 12 March 2026, Korea’s new crime of “legal distortion” (법왜곡죄) entered into force. Judges and prosecutors who intentionally misapply the law to benefit or harm another person now face up to ten years’ imprisonment and suspension of their professional qualifications. The reform comes at a time of fragile public confidence in the judiciary: recent surveys show that trust is shallow and particularly low among younger generations. Yet this remedy risks deepening the very crisis it purports to address. Continue reading >>
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15 April 2026
Why Primacy Operates Differently in the Area of Freedom, Security and Justice
The EPPO’s anti-corruption mandate meets a constitutional constraint in Greece, where only Parliament may initiate proceedings against ministers. The familiar logic of EU primacy offers no easy way through, as Union law itself leaves gaps and accommodates national procedural orders. What emerges instead is a structural limit: in criminal law, integration proceeds within – not against – constitutional tradition. Continue reading >>08 April 2026
Criminalization without Harm
On March 4, 2026, the Georgian Parliament passed yet another wave of anti-democratic changes to the Law on Grants and the Criminal Code. The law now criminalizes political expression if individuals or civil society organizations receive foreign support without prior government authorization. Beyond clear violations of freedom of expression and association, the Georgian case reveals a structural gap in criminal law theory and practice – the lack of substantive limits on criminalization. At the same time, the Georgian case shows that this need not be so: at least two concrete rules against criminalization emerge from the Georgian case. Continue reading >>
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27 March 2026
Anatomy of an Escalation
Deepfakes are currently being cast as a startling new threat. They dominate headlines, raise difficult legal questions, and fuel technocratic debates on regulation. One prominent example is the legislative initiative put forward by Stefanie Hubig, German Federal Minister of Justice, aimed at specifically tackling digital violence and the abuse of deepfake technologies. However, we must not overlook the true scale of the problem: deepfakes are not the cause, but the latest symptom. They represent a technological upgrade for a form of violence deeply embedded in analogue power structures. Continue reading >>
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04 March 2026
Setting It in Stone
Is "business as usual" in conflict zones officially a crime? As France’s Court of Cassation prepares to rule on the Lafarge case, the legal focus shifts from the company’s commercial motives to its operational awareness. By prioritizing "knowledge" over "criminal purpose," this landmark decision could dismantle the final legal shield for corporations operating alongside atrocity crimes. Continue reading >>
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26 February 2026
The Securitarian Turn in Italian Criminal Law
In 2025 and 2026, Italy’s far-right government pushed through two far-reaching “Security Decrees” using emergency powers. The two Security Decrees differ in content and together amount to a wide-ranging reform of the Italian criminal justice system. Yet, despite their apparent heterogeneity, they share a number of features that point to a common securitarian and illiberal approach. Continue reading >>
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06 October 2025
Terrorists Cannot be Tried Twice
On September 11, 2025, the CJEU ruled that Spain cannot prosecute an ETA leader for terrorist acts after her prior conviction in France for related offenses activates the ne bis in idem principle. The Court emphasized that “same acts” are defined by materially identical conduct, regardless of differing legal classifications in Member States. This decision highlights the limits of parallel prosecutions under EU law, even in complex cross-border terrorism cases. Continue reading >>
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21 August 2025
Pardons, Criminal Theory, and Political Sociology
Donald Trump’s use of the presidential pardon has transformed a constitutional power into a tool of personal loyalty and partisan retribution. Rather than correcting injustice, his pardons reward allies, shield loyalists, and punish critics. This shift reflects not only a philosophical challenge to the logic of criminal law, but also a deeper sociopolitical trend: the erosion of accountability through transactional governance. As legal boundaries blur and institutional checks falter, the rule of law itself is drawn into the orbit of authoritarian impulse. Continue reading >>
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20 August 2025
Attacks on Reproductive Control
In the U.S., authoritarian populists exploit gender politics by criminalizing pregnancy, restricting reproductive rights, and using criminal law to undermine women’s autonomy. Under Trump, these dynamics intensified, ranging from nationwide abortion bans to the erosion of healthcare protections and threats to contraception access. Such measures tap into racial and economic anxieties, reinforce patriarchal power, and resonate far beyond the United States. Continue reading >>
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21 July 2025
Decriminalising Abortion in England and Wales
On 17 June 2025, British MPs took an important step in decriminalising abortion against a backdrop of rising prosecutions for "later" abortion. Once the amended Crime and Policing Bill becomes law, people who voluntarily end their own pregnancies will be exempt from criminalisation. But, unless a further amendment is made, those good faith actors who provide abortion, or support others in getting access, remain at risk of criminal investigation. Five aspects of the recent legal changes are worth emphasising as lessons for a strategic perspective on defending, and even expanding, reproductive freedom. Continue reading >>
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