10 Mai 2023
Taiwan’s Participatory Plans for Platform Governance
Platform regulation is not limited to Europe or the United States. Although much debate currently focuses on the latest news from Brussels, California, or Washington, other important regulatory ideas emerge elsewhere. One particularly consequential idea can be found in Taiwan. Simply put, Taiwan wants to, tacitly, democratize platform governance. Concretely, Taiwan wanted to establish a dedicated body that would potentially facilitate far-reaching civil society participation and enable ongoing citizen involvement in platform governance. This article explains what discourses about platform governance can learn from Taiwan and how vivid democratic discourse shapes platform governance beyond traditional regulatory models. Continue reading >>
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12 April 2023
Colombia, a Besieged Democracy with (New) Oligarchic Tendencies?
On 20 March, Colombia’s newly formed government suspended the cease fire it had only recently concluded with the Clan de Golfo, one of the country’s most powerful, remaining armed non-state actor (ANSA). The announcement followed repeated attacks against civilians in the country’s North-West ascribed to the group. Not even ten days later, the largest remaining guerrilla group, the ELN (also engaged in the government’s Total Peace initiative), killed nine soldiers in an attack in the frontier region with Venezuela. This blogpost details what distinguishes these post-FARC and post-AUC Armed Non State Actors from their predecessors and how their emergence threatens to ensure that Colombia remains a besieged democracy, despite all the progress it has made. Continue reading >>
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05 April 2023
In Jerusalem my Heart wanted to Scream out: “I am Polin, too” …
I went to Israel at a moment’s notice to share the lessons and cautionary tales of anti-constitutional capture in Poland and to explain the mechanics behind systemic and legalistic dismantling of the liberal foundations of the legal order. However, during my stay in Israel, I realized that as much the Israelis wanted to learn from me, they might as well teach Poles crucial lessons, not less these of civic engagement and mobilization. Continue reading >>
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27 März 2023
Constitutional? Perhaps. Democratic? Not so much
The adoption of the Law on Retirement without a majority in the National Assembly has caused a huge uproar in France. The use by the executive of an article or two of the Constitution, as well as the combination thereof, is deemed constitutional until a competent organ says otherwise. And the only one who could, the Constitutional Council, will probably not say otherwise. But even if something is constitutional, that does not make it democratic. A look into the justifications given by the head of State and the head of Government stirs reflection on the relationship between the constitutional and democratic character of the proceedings. Continue reading >>
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28 Oktober 2022
Fakeness in Political Popularity
Politics in a democratic society have long been a glorified popularity contest, which we can all hope the most capable person wins. Hence, politicians have an incentive to artificially boost their online popularity through fakeness – fake comments, fake followers, fake likes. On a fundamental level, a false sense of popularity may affect our election outcomes – so what are the legal limits of fakeness? Continue reading >>
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19 Mai 2022
Those Dazzling Stars of Peace, Democracy and Freedom
In the dark, post-Soviet 1990s, Europe and America were viewed as shining spots by us, the young people, born in the Soviet Union. Embodying the West, they served as dazzling stars, relieving the darkness and promising freedom, security and happiness. I associate the brightest star with the symbol of human rights. I fondly remember myself, as a third-year law student, getting a strong sense of pride over the Chapter Two of the newly adopted Constitution of Georgia that is devoted to human rights. Continue reading >>
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08 April 2022
Hungary’s Lesson for Europe
There seems to be a disturbing discordance in the European Commission’s response to the Hungarian elections. On the one hand, the Commission triggers the rule of law mechanism. On the other, it refuses to comment on the fairness of the Hungarian elections. This contradicts the fact that, just like the rule of law, democracy is also part of Europe’s constitutional identity. But what does democracy require from Member States? Hungary’s elections make clear that the value of democracy, as given expression in Article 10 TEU, should be justiciable. Continue reading >>
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01 November 2021
Struggling for Democratic Elections
Ahead of the elections on 7 November 2021, the Permanent Council of the Organization of American States sends a final warning to Nicaragua. On 20 October, it adopted resolution 1182 and clarified that holding elections is not enough if these elections violate democratic principles. The OAS – like other regional organizations – faces persisting challenges when addressing member states that systematically disregard their core obligations in the fields of human rights, democracy, and the rule of law. And yet, it is in a position to make a difference in the struggle for the restoration of democracy in Nicaragua. Continue reading >>20 Juli 2021
Does Where You (Legally) Stand Depend On Where You Sit?
On July 8, 2021, the Israeli Supreme Court rejected the petitions challenging Basic Law: Israel as the Nation of the Jewish People, enacted almost three years earlier. The so-called Hasson decision not only raises important questions about the relationship between legal and political struggles, it also calls into question the constitutional foundations of equality and democracy. Continue reading >>
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15 Juni 2021
No Country for ‘Old Men’
On 2 June 2021, Ukraine’s President Volodymyr Zelensky submitted a bill on the status of oligarchs before the Ukrainian parliament. The bill would have wide-ranging implications. It does not only provide a definition of who counts as an oligarch but also provides measures to reduce the influence of oligarchs in media and public life. Continue reading >>
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