13 November 2025
Thou Shalt Not E-lend
The CJEU in the VOB case has offered ample support for the need to include e-lending in the scope of the RLD. This interpretation not only recognises the public interest of society at large in accessing knowledge necessary for cultural, technological and economic development, but also supports authors who, thanks to the derogation of Art. 6 RLD, are entitled to specific remuneration. However, the Court missed the techno-regulatory turn in this story. Continue reading >>
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12 November 2025
Reconciling EU Copyright Protection With the Right to Research
Considering the rapid evolution of digital technology and changing research approaches, it is doubtful whether the current EU copyright acquis offers sufficient support for research that requires access to protected knowledge resources. To this day, EU copyright law misses a general research clause that would allow researchers to do their job in the current information society and contribute to the improvement of societal conditions – regardless of constantly changing technologies and access routes to knowledge resources. Continue reading >>
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11 November 2025
Access to Knowledge on the Move(ment)
In her State of the Union speech, Ursula von der Leyen outlined several key priorities, among which one unmistakably stood out as a core objective: strengthening the EU Single Market. And there it was again – resurfacing with growing political weight – the call for a “fifth Freedom”: the free movement of knowledge and innovation. This contribution examines the legal implications that a new Freedom of movement could have on the right to access knowledge in the fields of research and education. Continue reading >>
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11 November 2025
Rooting Access in the Union’s Constitutional Norms and Values
The EU is currently experiencing epochal shifts. Key to addressing these challenges is harnessing the innovation potential of the ‘old continent’ by rediscovering the intellectual roots of an open, free, and progressive society. With the advent of digitisation, copyright law has generated chilling effects on innovation and creativity. Removing them is essential for exploiting Europe’s potential for creativity and innovation. Continue reading >>
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03 September 2025
The School Bell That Rings for War
On 1 September, known in Russia as Knowledge Day, thousands of schoolchildren were once again welcomed back with the ringing of the symbolic first bell, marking the beginning of new school year. However, this school bell does not toll for knowledge or peace. Instead, it symbolizes how Russia has transformed schools into factories for transmitting state-sponsored propaganda to younger generations. In this blog, I explain how Russia is strategically weaponizing the educational system to raise a militarized generation of subjects that accepts and embraces the normalcy of war. It seeks to achieve this goal, inter alia, through military training and involvement of children in the production of combat equipment; obligating teachers to teach state-mandated falsification of history; and forcing cultural assimilation of Ukrainians living in occupied territories. Continue reading >>
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01 July 2025
A Child’s Right to Non-Anthropocentric Education
The European Charter on Fundamental Human Rights is not concerned about animal rights. Although the Charter is silent about animals, it is possible to connect certain human rights it enshrines to animals in a manner that can foment animal rights. The protection of a healthy environment in Article 37 is an obvious choice. A lesser theorized human right in the Charter similarly has considerable potential to benefit animals: the right to education under Article 14. Continue reading >>
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19 April 2024
The Right to Education and Democratic Backsliding in India
Since the election of the Bharatiya Janata Party (BJP) to power in the federal elections in India in 2014, the country’s performance in key indicators of democratic quality has suffered. Over the course of its two terms in power, the party has sought to subvert key institutions for accountability, enact an ethno-cultural majoritarian electoral agenda, and use federal law enforcement agencies against their political opponents. While there is extensive literature on the erosion of civil-political rights in the past ten years, the effects of the BJP government on social rights like education and healthcare remain under-explored. Therefore, in this post, I explore three striking dimensions of primary educational policy under the BJP government. Continue reading >>
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25 September 2023
Failing the Test
In its recent concluding observations, the Committee on the Rights of Persons with Disabilities identified significant shortcomings in Germany's implementation of the right to inclusive education (para. 53f.). This piece argues that these are rooted in Germany's history and the continued embrace of an outdated model of disability. Indeed, to the extent the latter remains the foundation for Germany's approach to inclusion, its current endeavours in terms of inclusive education are not only insufficient in light of its international obligations, but also in light of its own constitution. Continue reading >>28 August 2023
The New Russian School
The beginning of the new school year in many countries of the former Soviet Union, including in Russia, is celebrated on September 1st and is known as “Knowledge Day”. This year, September 1st will be unique as the new educational amendments enter into force in Russia and Russia-controlled territories. These amendments introduce controversial changes to the educational process, which raise serious concerns about children’s rights and freedoms. These changes include new unified textbooks on history, the legalisation of children’s forced labour, and the continuation of “Conversations about the important” lessons with an enhanced militaristic element. Continue reading >>
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25 April 2023
Education as Indoctrination: Mnemonic Constitutionalism and History Teaching in Russia
In January 2023, Russia adopted new amendments to the Law "On Education in the Russian Federation" which will become effective by September 1st, 2023. The amendments establish mandatory, federal curricula for the following school subjects: "Russian language", "Literary reading", "The world around", "Russian language", "Literature", "History", "Social science", "Geography" and "Basics of life safety". The content of the curricula was developed and pre-approved by the Ministry of Education in November 2022, and aims to establish a single, uniform standard of teaching for these subjects. The amendments are emblematic of Russia’s increasingly aggressive pursuit of mnemonic constitutionalism. This article will detail how its legislative governance of memory in the context of history teaching violates the right to education enshrined in international human rights law. Continue reading >>
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