25 June 2025
Energy Sanctions Reloaded
The European Commission proposed a ban on Russian gas imports based on Article 207 TFEU – a legal basis related to the EU’s Common Commercial Policy, rather than the Common Foreign and Security Policy. Although the policy domains of trade and sanctions often overlap in practice, the new proposal seems to overlook that the EU maintains a distinct legal framework for imposing sanctions. If the ban is ultimately enacted under Article 207 TFEU, there is a risk that one or more Member States opposing these new sanctions against Russia will challenge it on the grounds that this EU Regulation is based on the wrong legal basis. Continue reading >>
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06 June 2025
A New Look at Confiscating Russian Assets
In the near future, the European Court of Human Rights (ECtHR) may issue its first compensation awards against Russia for its conduct in the war in Ukraine. When that happens, the question of how to enforce such awards will become paramount. Given Russia’s lack of cooperation, claimants may seek to enforce compensation awards in third states holding Russian assets, a promising yet untested avenue. Drawing from a recent report by Open Society Justice Initiative (OSJI), this post explores some of the legal hurdles this avenue entails as well as some of its broader implications. We believe that this approach could be a limited but significant instrument to redress harm for victims of human rights abuse committed in the war. Continue reading >>
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26 March 2025
Walking Out on Hungary
As the EU steps up its efforts to fund the defence of Europe, Hungary sticks to its policy of undermining those efforts whenever it can. Given that a Member State cannot be expelled from the EU, the Member States should simultaneously withdraw from the EU Treaties under Article 50 TEU and concurrently sign up to new EU Treaties without Hungary. Only this way could the EU effectively stand up to Russia, introduce important Treaty changes, and finally overcome tolerating Putin’s allies within the EU. Perhaps the Hungarian people would eventually join as well. Continue reading >>
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07 February 2025
Memory-driven Foreign Policy
The German debate on whether and to what extent Germany should support Ukraine in its war against Russia with arms supplies is closely linked to Germany’s collective memory. For a long time, Germany's guilt for the crimes of occupation during the Second World War was largely associated with Russia – and not with Ukraine and Belarus. It is only since the Russian invasion in 2022 that the highest levels of the German government have begun to recognize the special responsibility Germany has towards Ukraine, a responsibility that also stems from the memory of the Second World War. Along with this change, it can be observed that the imperative of ‘never again’, closely tied to the German memory of the Second World War and especially of the Holocaust, is gradually being formulated in more abstract terms in historical-political debates, despite some resistance. Continue reading >>
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05 February 2025
The Baltic Politics of Post-War Accountability for Russia
Will the Russian war against Ukraine prove to be a watershed moment for the implementation of international criminal law on the aggressor? This contribution focuses on the Baltic states’ accountability-seeking for Russia as the politics of deterrence by legal means and a struggle for historical justice. Continue reading >>
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10 December 2024
A Troubling Triumph in Romania
The annulment of Romania’s presidential election results by its Constitutional Court is, at first glance, a triumph for democracy. By nullifying the first round – narrowly won by far-right candidate Calin Georgescu amid allegations of Russian-backed interference – the Court sent a clear message: electoral integrity is not up for debate. But is this really a victory? In truth, this decision reflects a troubling pattern in how democracies respond to crises: after the fact. The annulment is not so much a defence of democracy as a stark reminder of the limits of judicial power. Continue reading >>
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08 August 2024
Family Values, Tradition, and Human Rights
Georgia is in the process of democratic backsliding. In short succession, a number of laws were passed that have raised alarm over the country’s commitment to democratic values, and its aptitude as future member of the European Union. The law under scrutiny in this contribution targets sexual minorities. Continue reading >>
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25 July 2024
Never Again in Russia
In the Soviet Union and later in Russia, reference to World War II played a central role in the decades after 1945. The “never again” narrative in Russia takes a very specific form: The focus is not on the Holocaust but on the Victory in the “Great Patriotic War” against fascism, the increase of power and status in the international system that this has brought, and the perpetuation of the present and timeless actuality of war in a mostly imperial and post-imperial context. The discourse on Victory against fascism undergoes a paradoxical development, from a way of commemorating collective trauma to the justification and glorification of new wars. Continue reading >>
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10 May 2024