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05 June 2025

It’s Not a Trap

Despite most countries having trouble getting rid of bribery in daily life, only few so far have dared integrity testing: sending out undercover testers disguised as ordinary citizens to contact the public administration and check which public employees ask for bribes. The main argument against such undercover tests has been that they constitute “entrapment”. However, in Cavca, the ECtHR finally dispels the myth that these tests in and of themselves equal entrapment. Yet, the decision leaves one key question unaddressed: Just when does integrity testing become entrapment? Continue reading >>
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12 June 2024

Two Steps Forward?

On May 25 2024 the Advocate General Nicholas Emiliou delivered his opinion in the Case C-406/22 CV v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky on several issues regarding the application of the safe country of origin (SCO) concept. The case could have significant impact on SCO policies of several EU Member States and the rights of refugees as it addresses the possibility of designating countries as safe with territorial exceptions as well as a more active approach to judicial review of SCO designations. If adopted by the CJEU, the AG’s suggestions could serve to enhance refugee protection, though the adoption of the Pact on Migration and Asylum might possibly counteract this. Continue reading >>
23 July 2021

A new chance for democracy in Moldova

On 11 July 2021, Moldovans elected the 11th legislature of the country and, for the first time, voted overwhelmingly for a pro-Western political party. The results are proof of a high desire for change in Moldova, and a reorientation towards Europe. The elections came after a months-long tug of war between the pro-Western and the Socialist political forces, involving attempts by both parties to politicize the Constitutional Court and the Central Electoral Commission. Continue reading >>
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