14 October 2025
Hitting the Mark?
The Lex-CEU judgment clarified that Article 13 CFR protects both the individual and institutional dimensions of academic freedom. While democratic backsliding was clearly “at the heart of this case”, the judgment did not discuss democracy and the rule of law, at all. And despite considerable attention paid to the EU’s action for safeguarding the two EU values, academic freedom has not been methodically discussed in this context, either. Five years later, it is thus time for a systematic approach to academic freedom, treating it also as a democratic value. This can have potential consequences for its integration into the EU’s rule of law toolbox, as well. Continue reading >>
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08 October 2025
The Conviction of Nicolas Sarkozy
France often takes pride in calling itself a Republic. Invoking the Republic has even become a political mantra, repeated across the entire political spectrum. Yet the sheer frequency of these references has emptied the term of much of its meaning. The reactions to Nicolas Sarkozy’s conviction suggest that many journalists, politicians, and citizens still struggle to grasp what it truly means to be “republican”. Although the judgment of the Paris Criminal Court is particularly thorough, it has provoked widespread controversy, reopening the enduring debate on political justice in France – while also appearing as a sign of the strengthening of the republican ideal. Continue reading >>
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07 October 2025
Violence and Constitutional Faith
Charlie Kirk’s murder has become a rallying symbol for Christian nationalists, merging religious martyrdom with state power. With America’s secular constitutional faith collapsing, a politicized church turns sacrifice from love into a license for violence. Under Trump, faith and force converge, raising the specter of civil war in America’s own streets. Continue reading >>
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25 September 2025
Tunisia’s Missing Court
Public institutions are inherently human and therefore fallible, making constitutions essential as legal guardrails against the abuse of power. Yet constitutional oversight requires not only legal authority but also legitimacy, without which democracies risk repeated crises. In many countries, including Tunisia, this responsibility has been entrusted to constitutional courts. Tunisia’s attempts to establish a fully functioning court – first in 2014, then again in 2022 – highlight the challenges of securing effective and legitimate constitutional oversight. Continue reading >>
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24 September 2025
Judicial Independence and the Constitution Hill Global Guidelines on Apex Court Appointments
A key goal for any polity in transition should be the establishment of an independent judiciary, alongside the incorporation of new constitutional rules, guidelines – such as those articulated by the Constitution Hill document – to secure judicial independence in the future. Only independent judges can ensure that the aims of transitional justice are achieved. Continue reading >>
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23 September 2025
Judicial Appointments and the Integrity of Apex Courts
In a world in which democracy appears to be in retreat, and attacks on the judicial branch of government, especially apex courts, are depressingly on the rise, the Constitution Hill Global Guidelines on Apex Court Appointments seek to turn our attention to two key aspects of judicial appointments (the criteria for appointment and the process to be followed) that are too often unexamined. Continue reading >>
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22 September 2025
Protecting Apex Courts from Capture
At a time when the quality of judicial appointments can determine whether democracy erodes or endures, the reflections in this symposium could not be more timely. The Guidelines are not a rigid blueprint, but rather an invitation to structured, informed debate. We hope that the ideas shared here contribute to strengthening apex courts—and, with them, the democratic systems they are meant to uphold. Continue reading >>
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05 September 2025
Authoritarians Who Hate Judicial Accountability
In Slovakia, a unique situation is unfolding. The country is ruled by an authoritarian government that restricts fundamental rights of its citizens, puts independent institutions under political control, exploits fast-track legislative procedures, and threatens the judges of the constitutional court. Yet, this same government is in favour of more judicial autonomy, less accountability, and higher salaries for judges. The government thus seems to have hit upon a convenient strategy: granting judges greater benefits in exchange for their loyalty. Continue reading >>
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11 August 2025
A Fallen Curtain and Open Questions
On 25 June 2025, the Grand Chamber of the European Court of Human Rights delivered its Decision on Kovačević v. BiH. This ruling could completely change the legal assessment of strict ethnic quota systems in political institutions for worse. While the case originates from Bosnia and Herzegovina, it will likely have far-reaching political consequences for other power-sharing systems in and beyond Europe, as well. Crucially, it is prone to “overrule” all previous judgments of the ECtHR against BiH. This means that it will render all future efforts to support constitutional reform in the country futile, because it seems to legitimize the de facto strict ethno-national cartel of power materialized in its constitution. Continue reading >>
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07 August 2025