11 October 2022
IOC adds Human Rights Punch to the Lex Olympica
On 9 September 2022, the International Olympic Committee (IOC) published its long-awaited “Strategic Framework on Human Rights”. The new Framework presents an overarching approach as well as concrete action plans for the IOC to address their human rights risks. This blogpost highlights both the potential of the Framework to change the way the IOC operates and the Olympics are organised and the many unknowns remaining regarding its actual transformative impact and concrete implementation in practice. Continue reading >>
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03 October 2022
Rising Before Sinking
On 22 September 2022, just one day before global climate protests took place in around 450 locations, the UN Human Rights Committee (Committee) has published its landmark decision in the case Daniel Billy et al. v. Australia. In casu, the Committee found that Australia failed to adequately protect members of an indigenous community present in four small, low-lying islands in the Torres Strait region from adverse impacts of climate change, which resulted in the violation of the complainants’ rights to enjoy their culture (Art. 27 ICPPR) and to be free from arbitrary interferences with their private life, family and home (Art. 17 ICCPR). The Committee thereby issued the first decision at the international level to tackle substantive human rights questions in the context of climate change that relate to the current situation of small islands and their indigenous inhabitants. Continue reading >>
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08 September 2022
Financial Scrutiny of Frontex as a Political Accountability Tool
An investigation by the European Anti-Fraud Office (OLAF) on allegations of misconduct within Frontex ended with a report classified as confidential, which was therefore only accessible to the agency’s Management Board. Shortly after submission of the report, Frontex’ Executive Director (ED), Fabrice Leggeri, resigned, opening up a new cycle in the governance of the agency. Following up on this, the European Parliament (EP) decided to postpone the discharge of Frontex’ budget on the ground of lacking information with regard to the subject of the OLAF report. In this contribution, I argue that the EP’s refusal to approve the discharge of the budget of Frontex, even though having little impact on the financial stability of the agency, is a tool to enable the political accountability of Frontex. Continue reading >>
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05 September 2022
Frontex and the Rule of Law Crisis at EU External Borders
The resignation of the Executive Director of the European Border and Coast Guard Agency (hereinafter: Frontex or Agency) at the end of April 2022 re-opened Pandora’s box with regard to the adequacy of the accountability mechanisms on the Agency. The turmoil was caused by several allegations of breaches of the law, which seems to be confirmed by the OLAF report, leaked at the end of July 2022. The aim of this blogpost is, first, to discuss the emergence of a rule of law crisis in border management and, second, to lay a finger on issues regarding both internal and external oversight mechanisms over Frontex, with special attention for the composition of the Management Board, the very first oversight body within the Agency. Continue reading >>
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05 September 2022
An ‘Impossible Trinity’?
In international macroeconomics, the term ‘Impossible Trinity’ refers to three elements, which are impossible to coexist. In this Verfassungsblog series, we examine whether the EU’s external border policy, Frontex and the rule of law constitute such an ‘Impossible Trinity’, or whether they can be reconciled with appropriate accountability mechanisms. Continue reading >>
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10 August 2022
The Future of European Climate Change Litigation
On 7 June 2022 the European Court of Human Rights (ECtHR) relinquished jurisdiction to the Grand Chamber to hear the application lodged on 28 January 2021 on behalf of Damien Carême, former mayor of the Commune of Grande Synthe in France. While the case shares some characteristics with other climate change cases pending before the Court, it differs in some key respects, making it a unique case of its kind at the moment. The Court will have to be open to a shift towards a more ecological interpretation of the Convention and demonstrate its ability and talent to rise to the historic task required. Continue reading >>
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05 July 2022
The Costs of Outsourcing
Last month the European Court of Human Rights (ECtHR) granted an urgent interim measure according to Rule 39 of the Rules of the Court in a case concerning an imminent removal of an asylum-seeker from the UK to Rwanda. The UK's policy of outsourcing sets another dangerous precedence when it comes to restricting territorial asylum and the basic rights of asylum seekers. It is expensive, contrary to international human rights obligations, has significant adverse effects on those affected, scratches the state´s reputation, and increases existing tensions with the ECtHR. Continue reading >>
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28 February 2022
Wirtschaftssanktionen gegen Russland und ihre rechtlichen Grenzen
In der Dynamik der letzten Tage wurden von den USA, der Europäischen Union und anderen Staaten Sanktionen gegen Russland beschlossen, die als „beispiellos“ und „verheerend“ bezeichnet wurden. Russland spricht von „illegitimen“ Sanktionen und droht gar mit atomarer Abschreckung. Tatsächlich stehen die erlassenen Wirtschaftssanktionen auf sicherem rechtlichen Boden. Sie sind in einem gewissen Maß sogar Voraussetzung dafür, dass der Boden des Völkerrechts nicht wegbricht Continue reading >>03 February 2022
Shifts in Historiography
Today, there appears to be more consensus about the unjust nature of the Dutch/Indonesian war. As a scholar who has studied the evolution of the discourse on this topic, being asked to contribute to a symposium about the relation between decolonisation and human rights, is the perfect occasion to look back. Continue reading >>
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29 January 2022
The Dutch Family Reunification Procedure
Being able to reunite with family from abroad falls under the right to family life, one of the fundamental rights every individual is entitled to. Despite this, some Dutch family reunification requirements are potentially at odds with international human rights law standards and the EU Directive 2003/86/EC on the right to family reunification. This problematic state of affairs reflects the ongoing racialization of European borders, and that of Dutch borders in particular. Continue reading >>
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