12 November 2025
Not All Mandates Are Equal
The European Parliament, following the recommendations of its Committee on Legal Affairs, voted against waiving the immunity of two of its Members elected in Hungary, Péter Magyar and Klára Dobrev on the requests of the Hungarian authorities in early October 2025. In determining the fate of representatives elected in a Member State that is no longer democratic, the European Parliament reached the right decision, based on the wrong premises. Undemocratically elected MEPs should enjoy immunity only if they belong to the undemocratic regime’s opposition and have no record of dismantling democratic institutions. Continue reading >>
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03 November 2025
Sentient Companions Classified As Baggage
In Iberia (C-218/24), the Court of Justice held on 16 October 2025 that a passenger’s companion animal lost during international air carriage falls within “baggage” under Article 17(2) of the 1999 Montreal Convention. Accordingly, the liability cap under Article 22(2) applies. The ruling sidesteps both the ordinary-meaning consequence that “baggage” denotes objects and the EU legal context recognising animals as sentient beings. Finally, turning dogs into luggage neglects the social reality where the loss of companion animals foreseeably causes moral harm to their human guardians. Continue reading >>
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29 October 2025
The 28th Regime
Following the closure of the European Commission’s public consultation on the so-called “28th Regime” on 30 September 2025, the Commission plans to unveil its legislative proposal in early 2026. Instead of yet another European company form that looks good on paper but fails in practice, the EU should think differently: not a rulebook, but a sandbox. A controlled legal space where willing Member States and EU institutions trial simplified rules with common key performance indicators (KPIs). Continue reading >>22 October 2025
Zwischen Entlastung und Entkernung
Die Bundesregierung will Unternehmen vom bürokratischen Aufwand des Lieferkettengesetzes befreien und streicht dafür die Berichtspflicht, Sanktionen drohen künftig nur noch bei schweren Verstößen. Auf EU-Ebene gehen die Pläne noch weiter: Die CSDDD soll vereinfacht, ihr Geltungsbereich eingeschränkt und Haftungsregeln gelockert werden. Während die Politik von Entlastung spricht, warnen Menschenrechtsexperten vor einem gefährlichen Rückschritt hinter bestehende internationale Schutzstandards. Continue reading >>
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08 October 2025
EU Sanctions and the Mirage of Unanimity
The EU’s sanctions framework is meant to work in two steps: unanimity for decisions defining the Union’s approach to “a particular matter of a geographical or thematic nature” under Article 29 TEU, and qualified majority voting for the necessary measures implementing these decisions under Article 215 TFEU. In reality, the two steps are collapsed into one, which magnifies the leverage of a single veto. This post makes the case for resequencing this practice which would realign decision-making with the Treaties’ design, reduce the risk of impasse, and improve speed and flexibility. Continue reading >>07 October 2025
Stresses and Strains
The European Parliament and the Commission are revising a Framework Agreement governing their mutual relationship. First introduced in 2005, the Agreement sets out how the two institutions intend to manage affairs within the context of their EU treaty-based interdependence. The revised Framework Agreement was agreed on 9 September and has since been formally accepted by the Commission. It now meanders through Parliament for final endorsement. Here I look at the background to the new accord, summarise the main changes, and suggest what it might mean for the Union’s political and legislative processes. Continue reading >>
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22 August 2025
The Case for a Royal Commission on Britain and Europe
How much longer can Britain’s unstable relationship with the European Union be tolerated? While Prime Minister Keir Starmer vocally supports European unity regarding Ukraine, he denies it for his own country. Nearly ten years after the referendum, the costs of Brexit are rising, and public opinion is increasingly favouring closer ties with the EU. This post suggests that the current deadlock calls for a Royal Commission to overcome parliamentary paralysis, provide an evidence-based assessment of post-Brexit realities, and lay the groundwork for strategic decisions about the UK’s role in Europe. Continue reading >>03 July 2025
Constitutional Awakening of Values
On 5 June 2025, AG Ćapeta delivered her opinion in case C-769/22, raising a pivotal question for the EU’s constitutional future: Can Article 2 TEU serve as a standalone provision in infringement proceedings? While the issue has sparked debate – including on this blog – this post defends the Opinion as a constitutionally coherent and necessary step to safeguard the Union’s foundational values. It argues that AG Ćapeta’s approach is firmly rooted in existing case law and offers a compelling legal framework to address democratic backsliding. The post focuses on her use of the “good society” concept and the proposed “negation of values” test, examining their normative grounding and practical significance within EU law. Continue reading >>
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19 June 2025
When Failure Succeeds and Success Fails
Despite its modest uptake since its inception in 2012, the European Citizens' Initiative (ECI) has become the subject of several cases before the Court of Justice of the EU. The ECI is the world's first and only instrument of direct transnational democracy, allowing a group of at least seven European citizens from seven different EU member states to request that the Union take new action. The growing legal challenges around successful but ineffective ECIs reflect a fundamental mismatch between constitutional recognition of participatory democracy and institutional realities. Continue reading >>
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04 June 2025