10 March 2023
Shamima Begum’s Banishment is a Threat to Us All
Two weeks ago, the British Special Immigration Appeals Commission (SIAC) rejected Shamima Begum’s appeal against the Home Secretary’s decision to deprive her of citizenship, dealing the latest blow in her on-going battle to regain her status. SIAC’s choice to uphold the Home Secretary’s deprivation decision is not just blatantly unjust, unfairly punishing a victim of child trafficking, but also indicates a dangerous decline in the UK’s commitment to the rule of law. Continue reading >>
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04 March 2023
A New Chapter in the European Rule of Law Saga?
‘[B]y adopting the legislation cited in the first paragraph, Hungary has infringed Article 2 TEU‘. At first glance, this plea seems almost unspectacular. Yet, when one takes a closer look, this very plea demonstrates the European Commission’s attempt to write nothing less than a new chapter in the saga of the European rule of law crisis. The Commission’s action concerns the controversial Hungarian law of the Fidesz government, which restricts information about transsexuality and homosexuality. This blog post aims to provide an overview over the recent development and the academic debate regarding the justiciability of Art. 2 TEU in this context. I argue that although the mobilisation of Art. 2 TEU as a stand-alone provision might open new doors to tackle the democratic backsliding in some Member States, this approach has to be handled with great care. Continue reading >>
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01 March 2023
Georgia’s Bill on Foreign Agents and the Limits of the EU’s Soft Power
On February 20, 2023, the Parliament of Georgia registered the bill "On the transparency of foreign influence" that introduces the category of an "agent of foreign influence" – any private legal entity which gets more than 20% of its entire budget from a "foreign force". These facially innocent "monitoring" functions harbour a potentially totalitarian instrument of control. In Georgia, which underwent Stalinist purges of the 1930s, where family members (anonymously) denounced each other to the NKVD (secret police) and innocent people were rounded and summarily executed on charges of being a "foreign agent", this rings a much louder alarm bell, than elsewhere. Continue reading >>
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21 February 2023
Ignorance and Evil
On 2 February 2023, the Hungarian Constitutional Court published its long-awaited decision on legal gender recognition. For the first time, the Constitutional Court reviewed the provisions introduced into the Act on Registry Procedure in late May 2020 requiring the registration of the sex at birth (instead of sex) and banning any modification to that registry entry. With its decision, the Constitutional Court chose to remain concordant with the perceived political expectations, blatantly served the interest of the government majority, and echoed their fixation of biologically determined sex. Continue reading >>21 February 2023
Der Brüsseler Testballon
Über das Amtsblatt der Europäischen Union vom 13. Februar 2023 eröffnete die Kommission den Blick auf eine gegen Ungarn eingereichte Klageschrift. Im Vertragsverletzungsverfahren begehrt sie die Feststellung eines Unionsrechtsverstoßes durch das vom ungarischen Parlament in 2021 verabschiedete Gesetz über ein strengeres Vorgehen gegen pädophile Straftäter und die Änderung bestimmter Gesetze zum Schutz von Kindern. Die Kommission schlägt mit der Klageschrift einen neuen Weg ein, da sie den vorgebrachten Verstoß in einem Punkt auf Art. 2 EUV als solchen, das heißt auf die isolierte Bestimmung, stützt. Continue reading >>
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13 February 2023
The Economic Fallout from Curtailing Judicial Independence
The attempt to emasculate Israel's Supreme Court has drawn widespread criticism and protest, both at home and abroad. An intriguing aspect of the situation has been the opposition expressed by business interests and economic experts, who are often and perhaps wrongly believed to attach an overwhelmingly high value to efficiency, commonly achieved in an institutional environment characterized by the absence of competing centers of political power. Perhaps the most visible manifestation of the concerns and fears emanating from this source has been the open letter to Prime Minister Benjamin Netanyahu signed by fifty-six prominent international economists, including eleven Nobel laureates, stating that judicial reform along the lines contemplated would set Israel on a course akin to that of Hungary and Poland. Continue reading >>
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10 February 2023
Statement by Canadian Law Professors and Jurists on the Proposed Legal Reforms in Israel
The undersigned are Canadian law professors and jurists. We write […] Continue reading >>
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01 February 2023
Anti-Terror Legislation and Property Rights in Egypt
In January 2023, the Egyptian cabinet introduced a new bill for parliamentary discussion proposing the establishment of a new body to manage seized funds and assets confiscated by the state, including the seized assets of individuals and organizations legally designated as terrorists. In the midst of a severe economic crisis, the bill allows the transfer of confiscated funds and assets from the public treasury to a new entity that would have the mandate to take any form of disposition regarding these assets. The Egyptian sheds the light on the problematic “preventive” nature of counter-terrorism regulations, which vanishes criminal law safeguards and rule of law standards. Continue reading >>
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25 January 2023
War over Israel’s Judicial Independence
The new Israeli government wasted no time in initiating an all-out attack on the independence of the judiciary. It is promoting in full speed two parallel proposals to reform the judiciary in the hope that at least one of them, or a hybrid of both will be codified. The government claims that its proposed judicial reform will promote a more democratic and representative judiciary. Yet, a careful analysis of its proposed reform suggests that the government intends to fully politicize the judiciary. It will change the process of appointment to the Judicial Selection Committee, placing control in the hands of the government. Simultaneously, it will neutralize the ability of the opposition in the Knesset and the professional elites (the Justices and the Bar Association) to protect judicial independence from governmental takeover. Continue reading >>
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24 January 2023