24 April 2020
It’s not about Bathroom Policies, it’s about Constitutional Principles
The United States Supreme Court is expected to soon deliver its judgment in the first transgender rights case before it. In the absence of federal laws protecting transgender persons from discrimination, the case revolves around the question whether the prohibition of discrimination ‘because of … sex’ transgender discrimination. The US Supreme Court appears to turn this into a question of political deliberation, bathroom policies and dress codes. The ECJ, on the other hand, instead of getting lost in policy discussions, has already in 1996 recognized the protection of transgender persons against discrimination based on the core constitutional principle of equality. The ECJ’s approach does in fact have a foothold under US case law and the US Supreme Court could seize the opportunity to bring transgender persons closer to enjoying the same rights as the general population. Continue reading >>
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15 April 2020
Infringement Procedures in the Time of COVID-19
In the last weeks, members of the European Parliament and observers in the legal and academic community have, explicitly or implicitly, criticised the European Commission and the Court of Justice for their handling of ongoing infringement procedures. Put simply, the two institutions have been criticised for moving the existing cases forward, despite the fact that certain countries (first Italy, then followed by almost all other Member States) are in lockdown and, consequently, their administrations are unable to effectively respond. Continue reading >>
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07 April 2020
Humiliating the Court?
The Member States, dismissing an Advocate General before the expiration of her term of office on the Court, have demonstrated that they are ready to humiliate the Court of Justice by allowing post-Brexit frustrations take the place of the Primary Law of the EU. The Rule of Law stands replaced with political whim. As AG Sharpston’s tenure is left in suspense, what is the worth of the core aspects of EU Rule of Law and judicial independence, when the Member States are willing to alter the composition of the Court by a political declaration? Continue reading >>13 June 2016
Jurisdiction, legislation, and creative interpretations in the Opinion of AG Wathelet in C-72/15 Rosneft
The frequent legal challenges to the European Union’s economic sanctions regimes have resulted in several judgments chiseling out key issues of EU law. Case C-72/15 Rosneft, which will be decided in the coming months, provides the European Court of Justice (ECJ) yet another opportunity to do so. In particular, the Rosneft case invites the ECJ to clarify its jurisdiction and power of judicial review over decisions taken by the Council under the Common Foreign and Security Policy (CFSP) – in the context of a reference for preliminary ruling. Continue reading >>
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29 September 2015
The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law?
In its controversial Opinion 2/13, the European Court of Justice has rejected the accession of the EU to the European Convention on Human Rights. The constitutional hurdles the CJEU has erected in this opinion are not only relevant in the area of human rights, but also require us to think hard about the EU constitutionality of the suggested TTIP Tribunal, or any other mechanism of investor-state dispute settlement under future EU international investment agreements. To reduce this uncertainty it may be advisable to request the CJEU through an advisory opinion. Continue reading >>
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22 September 2011
Parlaments-Travestie
Hält die Regierungskoalition das Bundesverfassungsgericht für doof? Glaubt sie, das […] Continue reading >>19 September 2011
Ein neues Grundgesetz: Warum eigentlich nicht?
Die Gründung der Vereinigten Staaten von Europa ist mit dem […] Continue reading >>23 August 2011
Schwieriger Geburtstag in Karlsruhe
Am 7. September 1951 nahm das frisch gegründete Bundesverfassungsgericht in […] Continue reading >>11 June 2011
Feldhamster beschämt Frankreich, USA lacht sich schlapp
Der EuGH hat Frankreich verurteilt, weil es dem elsässischen Großen […] Continue reading >>09 June 2011