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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10 August 2025
The Texas Gambit
American politics at present is defined by the daily discarding of long-standing norms. The latest ignominy involves the brazen attempt, by the Republican leadership of the State of Texas, to gerrymander the state’s congressional districts to give the GOP control over an additional five seats; a move that, if successful, would raise the number of U.S. House seats held by Texas Republicans. What is unprecedented in the Texas situation is both the origin and timing of the attempted gerrymander, and the gaudy theatricality that has followed. Continue reading >>
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18 June 2025
A Constitutional Settlement Is Poland’s Only Hope
In Poland, the narrow defeat of liberal Warsaw Mayor Rafał Trzaskowski by the ultra-conservative Karol Nawrocki in the June 1st presidential election marked a turning point. The possibility of restoring the pre-2015 constitutional order has effectively vanished. But this does not mean Polish democracy is doomed. Poland’s European partners must recognize the dramatic shift Polish voters delivered. Rather than fixating on the formal legality—or illegality—of the dizzying array of judicial reforms and counter-reforms enacted since 2015, the time has come to encourage all sides to pursue a national constitutional settlement. This new framework must address not only judicial independence but also the deeper social and political polarization now defining Polish life. Continue reading >>18 June 2025
Standing in the Face of Illiberal Elections
Venezuela held local and parliamentary elections on May 25th which Maduro’s allies won with an overwhelming majority. Even though Maduro had severely tilted the playing field in his favor, the regime did not have to alter the results from what was evident in the exit polls. This was partly because an important part of the opposition called for a boycott of the elections. We argue that for a beleaguered opposition, the question whether to boycott an election should reflect both pragmatic and strategic considerations of the prospects for democratic resistance. Continue reading >>
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11 June 2025
Anatomy of a Liberal Fall
In Poland, just one week ago, Karol Nawrocki – a virtually unknown, PiS-backed candidate with a murky past – surprisingly defeated Rafał Trzaskowski, deputy leader of the centrist Civic Platform and mayor of Warsaw. How could such a random figure triumph over an experienced and popular politician? In this commentary, I argue that Trzaskowski’s defeat was no accident, but the latest chapter in a longer political story – one shaped by public frustration, broken promises, the emptiness of Polish liberalism, and anti-elitist sentiment present in the society. Continue reading >>
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07 April 2025
Enforcing the Law of Democracy
It was a political bombshell. On Monday, 31 March 2025, Marine Le Pen, leader of the far-right party Rassemblement National (National Rally) in France, was convicted of misappropriation of public funds in the so-called “parliamentary assistants” case. The judgment is marked by an unusual degree of judicial creativity, particularly in its underlying conception of democracy, which may be understood through the lens of militant democracy. Although it does not constitute a political judgment in the traditional, partisan sense, its constitutional and symbolic significance is substantial—and the backlash it has provoked against the judiciary is a cause for concern. Continue reading >>01 April 2025
Romanian Militant Democracy in Action
On March 11, 2025, the Romanian Constitutional Court definitively barred far-right extremist Călin Georgescu from running as a candidate in the upcoming presidential election. This decision represents the culmination of a series of landmark decisions through which the Court has strengthened the principle of militant democracy. Moreover, the Court has affirmed the EU and NATO membership as a central component of Romania’s democracy and rule of law, shielding it from subversion by the principles of non-regression and militant democracy. Continue reading >>21 March 2025
“A Catalyst for European Identity”
Five Questions to Aurore Gaillet Continue reading >>
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28 February 2025
Daylight
The Right-Wing Majority Between Possibility and Reality Continue reading >>
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10 February 2025
Ukraine’s Constitutional Order in Wartime
Ukraine’s constitutional order is facing an unprecedented challenge due to Russia’s ongoing aggression. The war has forced the nation to navigate between maintaining democratic governance and ensuring national survival, all while operating under martial law. The looming expiration of presidential and parliamentary terms has sparked debates on legitimacy of the wartime governance. While wartime elections are neither feasible nor constitutionally required, legitimacy is upheld through constitutional provisions, political consensus, and international recognition. Continue reading >>
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