17 October 2025
Neutralising the Captured Court
In September 2025, the CJEU ruled in the AW ‘T’ (C-225/22) case on the status of decisions issued by the Chamber of Extraordinary Control. Already in its previous case law, in L.G. v KRS, the Court found preliminary references from that Chamber to be inadmissible. Moreover, in the W.Ż. case, the Court had already considered certain decisions as “null and void” under certain conditions. However, the new AW ‘T’ case broadens the applicability of the “null and void” sanctions which will be of great importance for the Polish efforts to address the consequences of the rule of law crisis. Continue reading >>
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14 October 2025
Hitting the Mark?
The Lex-CEU judgment clarified that Article 13 CFR protects both the individual and institutional dimensions of academic freedom. While democratic backsliding was clearly “at the heart of this case”, the judgment did not discuss democracy and the rule of law, at all. And despite considerable attention paid to the EU’s action for safeguarding the two EU values, academic freedom has not been methodically discussed in this context, either. Five years later, it is thus time for a systematic approach to academic freedom, treating it also as a democratic value. This can have potential consequences for its integration into the EU’s rule of law toolbox, as well. Continue reading >>
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01 October 2025
Systemic Pathologies
Bulgaria has been marked by worrisome developments pointing to its democratic decline. After the Sofia Court of Appeal upheld the pre-trial detention of the city of Varna’s mayor Blagomir Kotsev, the Supreme Judicial Council refused to apply the six-month limit on Borislav Sarafov’s tenure as acting Prosecutor General. Taken together, these episodes point to a systemic pathology: institutions formally invoke the law, yet interpret it in ways that deprive it of its normative sense. Legality is reduced to form without substance, and no longer protects rights but instead serves as an instrument of institutional self-preservation and control. Continue reading >>
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16 September 2025
Killing For Show
On September 2 and 15, President Trump ordered the United States Navy to destroy small speed boats in the Caribbean. In both cases, all on board died. International lawyers have uniformly criticized the killings as unlawful. The President and his closest advisers have repeated that they simply do not care whether the killings violated the law. This may well be President Trump's most dangerous assault on the rule of law to date. And, yet, government officials in states long committed to the rule of law at home and abroad have remained largely silent. Continue reading >>
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16 September 2025
Null and Void
A judgment of the Court of Justice of the European Union (CJEU) from September 4 confirmed that the Chamber of Extraordinary Control and Public Affairs of the Supreme Court in Poland is illegitimate. The ruling not only exposes the collapse of judicial legitimacy at the highest level, but also shows how chaos in the Polish judiciary disrupts the lives of ordinary citizens, with proceedings suspended because higher courts’ judgments are void. For Waldemar Żurek, the new Minister of Justice, it offers a powerful argument to accelerate efforts to restore the rule of law before the political window closes. Continue reading >>
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11 July 2025
The Public in Public Law
Post-Constitutional Depression and How to Overcome It Continue reading >>
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09 July 2025
A Legal Scalpel Instead of an Axe
Hungary appears to be assuming the role of a Trojan horse in the European Union, advancing the interests of foreign powers. Of particular concern is Hungary’s conduct in the field of the Common Foreign and Security Policy, especially in light of its obstruction of EU sanctions against Russia. Thus far, the EU’s conventional instruments have proven insufficient in curbing Hungary’s veto strategy. For this reason, I propose a path that is both legally feasible and politically realistic: a reinterpretation of Article 7 TEU that would allow for a targeted use of the instrument. Continue reading >>
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04 July 2025
Das Gesetz der Gesetzlosigkeit
Zur letzten Sitzungsperiode des US Supreme Courts Continue reading >>
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18 June 2025