13 October 2023
A Hidden Success
Following the EU General Court’s dismissal of the complaint of WS and other asylum seekers against Frontex in its ruling on September 6, 2023, scholarly commentary has largely expressed disappointment. However, a more optimistic way of reading the judgement is also possible. By declaring the lawsuit admissible, the court confirmed that factual misconduct by Frontex can be addressed with action for damages claims – and this in itself is a major step forward in the system of fundamental rights protection in the European Union. Continue reading >>
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08 July 2023
Intertemporal Freedom in the Historic Climate Protection Ruling of the German Federal Constitutional Court
The climate protection ruling of the German Federal Constitutional Court in Karlsruhe of 2021 is a historic decision. It is on a par with the Court's major landmark decisions such as Lüth, Elfes, or Brokdorf. It updates the fundamental value of equal freedom: Freedom includes future freedom and, as a right to intertemporal freedom, can demand a proportional distribution of freedom opportunities over time. Continue reading >>
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10 March 2023
A New Volume and an Old Error
It looked as if this useful series of red books had been dropped off or discontinued. However, in 2022, the Court published a voluminous book on the “General Right of Personality” (Article 2(1) Basic Law). The collection is interesting because it gives an impression of the many facets that the Court has found over time in Art. 2(1) Basic Law. But beyond that, the collection is also interesting as correction of an initial error of the Court, which, however, was never recognized as an error by the Court itself. Continue reading >>17 February 2023
Incremental but Significant
On 6 February 2023, the Hong Kong Court of Final Appeal ruled in favor of two transgender applicants seeking to change the gender marker on their identification cards. The Court held that the Hong Kong government’s policy unconstitutionally infringed upon their right to privacy. This is doctrinally and strategically consistent with the Court’s LGBTQ jurisprudence, which proceeds incrementally and is highly attuned to the (ever-shrinking) political space in which Hong Kong courts operate. Continue reading >>
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17 November 2022
Nature Restoration and Fundamental Rights
This year’s most heated topic of constitutional contestation in Finland is likely to be the Commission’s recent proposal for nature restoration. While nature restoration has an innocent sound, the matter actually involves a broad spectrum of constitutional issues. In this debate, political undesirability has turned into claims about the EU’s lacking competence in regulating forests and a general failure to respect the principle of subsidiarity. Last Friday the Finnish Parliament’s Constitutional Law Committee approved an interesting statement of principle, which is likely to affect the country’s stance on EU (fiscal) integration far beyond the question of nature restoration. Continue reading >>
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01 November 2022
An Intersectional Lens on Online Gender Based Violence and the Digital Services Act
The EU’s Digital Services Act introduces novel mandatory due diligence obligations for online platforms to address potential societal risks posed by the provision of their services - including the risk of online gender based violence. If effectively implemented, these provisions have the potential to set important standards for tackling some of the most pervasive harms of the digital ecosystem. However, these efforts will require the adoption of an intersectional methodology, otherwise they will simply fail to provide the necessary mechanisms for those most acutely impacted by these rights violations. Continue reading >>01 November 2022
Fundamental rights impact assessments in the DSA
The attention to fundamental rights in the new wave of EU digital regulation, confirmed in the Digital Services Act, is a significant step towards a more articulated and appropriate framework for protecting people in a context characterised by pervasive technologies that are often developed without adequate consideration of their impact on society. However, existing practices in human rights impact assessment show some limitations in being extended to the digital context. Continue reading >>
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25 February 2022
Rethinking Rights in Social Media Governance
In the context of the broader ‘techlash’ against the power and exploitative practices of major platforms, EU lawmakers are increasingly emphasising ‘European values’ and fundamental rights protection. But relying only on human rights to guide both social media law and academic criticism thereof is excluding other normative perspectives that place greater emphasis on collective and social interests. This is deeply limiting – especially for critical scholarship and activism that calls for the law to redress structural inequality. Continue reading >>
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01 September 2021
Using Terms and Conditions to apply Fundamental Rights to Content Moderation
Under EU law, platforms presently have no obligation to incorporate fundamental rights into their terms and conditions. The Digital Services Act seeks to change this in its draft Article 12, however, there has been severe criticism on its meagre protection. As it stands and until courts intervene, the provision is too vague and ambiguous to effectively support the application of fundamental rights. Continue reading >>
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24 June 2021
Is UEFA on “the Other Side of the Rainbow”?
UEFA's stance on the rainbow flag has generated attention around the world. The disciplinary proceedings against Manuel Neuer by UEFA show: sport governing bodies still massively limit the freedom of political expressions by the athletes during big sporting events. Continue reading >>
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