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 >>
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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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06 February 2025
Voting from Abroad Ahead of Germany’s 2025 Snap Election
Over the past few weeks, several reports have appeared in German media on expected challenges with postal voting from abroad ahead of Germany’s snap election scheduled for 23 February 2025. For example, the recent case of a German citizen living in South Africa highlighted that ballot papers will be sent to registered postal voters only in the first week of February, whereas normally this is done six weeks ahead of election day. We suggest that countries should formally allow and facilitate postal voting for citizens living abroad via their country’s diplomatic missions and official courier services. Continue reading >>10 December 2024