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    • 9/119/11 jährt sich zum 20. Mal. Welche Spuren hat dieses Ereignis in der globalen und nationalen Verfassungs- und Menschenrechtsarchitektur hinterlassen? Dieser Frage wollen wir in einer Folge von Online-Symposien nachgehen. Gefördert von der Bundeszentrale für politische Bildung bringen wir Rechtswissenschaftler_innen aus verschiedenen Regionen und Rechtskulturen darüber ins Gespräch, was aus den Erfahrungen der vergangenen zwei Jahrzehnte in Hinblick auf Völkerrecht und internationale Menschenrechte, Asyl und Migration, Überwachung im öffentlichen und privaten Raum, Presse- und Informationsfreiheit, Menschenwürde sowie Rechtsstaatlichkeit und Justiz zu lernen ist.
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03 April 2023
Suzanne Kingston

A Fond Embrace?

As with any relationship, significant anniversaries offer us an opportunity to take stock. Looking backwards allows us not only to appreciate how far we have come, but also, perhaps, to reflect on the direction in which we might be heading. To date, upwards of 2,200 judgments of the Irish courts have considered EU or Community law in some form. Against this context, this short contribution reflects on the reception of EU law in the Irish courts since 1973. Continue reading >>
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23 März 2023
Mark Bell

An Interactive Relationship

In reflections on fifty years of membership, the employment of women is often identified as a tangible example of how membership changed Ireland. Concretely, in the years immediately following accession, the state was required to enact legislation on equal pay and equal treatment for women and men in employment. This narrative tends to place emphasis on EU law as a cause of law reform in Ireland. 50 years on, both Irish and EU equality law have expanded significantly. Continue reading >>
0
09 Dezember 2022
Valentina Golunova

No Rainbow without Rain?

On 6 December 2022, Latvian National Electronic Mass Media Council (NEPLP) revoked the broadcasting licence of the independent Russian TV channel ‘TV Rain’. The measures taken against TV Rain in Latvia raise intricate legal questions from an EU law point of view: Is the crackdown on the anti-war Russian TV channel compatible with EU-wide rules on audiovisual media? Can the Latvian government lawfully request YouTube to make TV rain’s channel inaccessible in Latvia? This blogpost argues that EU law is powerless when confronted with possibly unjustified national restrictions against media outlets and their growing spillover into the Internet sphere. Continue reading >>
0
15 März 2022
Stéphane Brabant, Claire Bright, Noah Neitzel, Daniel Schönfelder

Due Diligence Around the World

On 23 February 2022, the EU Commission released its draft Directive on Corporate Sustainability Due Diligence (CSDDD). It follows – and seemingly takes inspiration from – several national mandatory human rights and environmental due diligence (HREDD) laws, notably in France, (“LdV”) Germany (“GSCDDA”) and Norway (“Transparency Act”). It provides a strong legal basis and innovations to enhance corporate accountability, to strengthen stakeholder value and to create a European and possibly global standard for responsible and sustainable business conduct. Continue reading >>
0
18 Oktober 2021
Marcus Klamert

Rationalizing Supremacy

For many years, supremacy has been rationalized by the European Court of Justice and in the literature mainly with arguments relying on the effectiveness of EU law and on its necessity for resolving conflicts between Union law and the laws of the Member States. In light of the most recent supremacy-related decisions by constitutional courts in Poland and Germany, these rationalizations seem to have lost their persuasive power. Instead of relying on effectiveness or the equality of Member States, supremacy should be seen as being mainly grounded in the individual-centred non-discrimination standard anchored in Article 18 TFEU. Continue reading >>
2
15 Oktober 2021
The Committee on Legal Sciences of the Polish Academy of Sciences

Resolution No. 04/2021

of the Committee of Legal Sciences of the Polish Academy of Sciences of October 12, 2021 in regard to the ruling of the Constitutional Tribunal of October 7, 2021 Continue reading >>
1
11 Oktober 2021
27 retired judges of the Polish Constitutional Tribunal

Statement of Retired Judges of the Polish Constitutional Tribunal

On 7 October 2021, the Constitutional Tribunal issued a judgment in case K 3/21 concerning the place of EU law in the Polish legal order. The judgment caused great public concern due to its foreseeable devastating consequences for the position of the Republic of Poland as a Member State of the European Union. The retired judges of the Constitutional Tribunal fully share this concern. In addition, however, they consider it their duty to correct the many false assertions contained in the judgment, its oral reasoning and the comments of representatives of political power. Continue reading >>
0
12 Oktober 2020
Pedro Cruz Villalón

Rule of (German) Law?

As I see it, the central question is whether Germany, just as it is an economic and a political power in the EU, is also a legal power. This would, of course, beg the question whether this notion makes sense by itself. Is it permitted to speak of legal power in the way it is preached for other forms of power? And supposing the notion applies to Germany as a Member State of the EU, may this national condition be aptly described as hegemonic? The ultimate question behind the questions just mentioned would be ‘How can this problem be tackled?’, assuming that it indeed turns out to be a problem. Continue reading >>
1
07 Oktober 2020
Daniel Sarmiento

On the Road to German Hegemony in EU Law?

The influence of the German legal tradition in the European legal community is unquestionable. No other European country has displayed, like Germany has, such an articulate and institutionalized effort of promotion of its own legal system and thinking. The project paid off. EU Law displays an obvious German imprint that is now enforced in twenty-seven Member States. Lawyers throughout the European continent learn German to read the high-quality legal literature produced in German universities and research centers, courts and public institutions. The ultimate sign of intellectual distinction of a European lawyer is to “read the Germans”. No other feature can surpass in pedigree a lawyer’s fluency and ability to dominate German concepts in their very own words. Continue reading >>
2
03 September 2020
Dimitry Vladimirovich Kochenov, Graham Butler

It’s Urgent

In a remarkable move, the Member States appointed, on 2 September 2020, an Advocate General put forward by Greece, who will enter into office on 7 September 2020 if Member States get their way. There is a ginormous problem with this move, as the office that this Advocate General will try to fill, as things stand, does not become vacant until October 2021. Eleanor Sharpston, the officeholder presently in situ, remains there until then. Any other reading of EU law is tantamount to the Member States sacking a member of the Court in direct violation of the primary law. This is a wholly unacceptable scenario in a Union grounded and predicated upon the rule of law. Urgent measures are thus necessary to save not only the legitimacy of the Court, but that of the EU. Continue reading >>
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