05 März 2021
Money Talks
One of the judges of the Constitutional Court of Albania was dismissed after the country introduced radical judicial vetting measures. She challenged her dismissal before the ECtHR, claiming her rights to a fair trial and respect for private and family life were violated. In its decision in Xhoxhaj v Albania published on 2 February 2021, the ECtHR rejected her application and gave clear priority to the need for cleaning up a corrupt judiciary. It denied protection under the ECHR to those who seek to abuse human rights for protecting a status quo of corruption. Continue reading >>
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25 November 2020
LawRules #10: We need to talk about the European Convention on Human Rights
Europe is larger than the EU – and a European framework aiming at preserving basic rights and freedoms as well as rule of law safeguards has been in place for 70 years precisely this November: the European Convention on Human Rights. Today, we take a deeper look at the Convention and at the institutions that work to enforce it: The European Court of Human Rights and the Venice Commission of the Council of Europe. Are they capable of adding another layer of human rights and rule of law protection to the European legal framework? What kind of support do those institutions need in order to be able to fulfill their task? And how is their status today, 70 years after the European Convention on Human Rights has been signed? Continue reading >>30 Juni 2020
Demoralisierung als Verfassungsfunktion
Bis zum 1. Juli 2020 findet nun in Russland die ursprünglich für den 22. April 2020 geplante, durch die Corona-Pandemie aber verschobene Volksabstimmung über die Verfassungsreform statt. Das Änderungsverfahren sagt viel aus über die Bedeutung der Verfassung im autoritär regierten Russland. Es zeigt auch den starken Zynismus in der russischen Verfassungspolitik und führt die Machtlosigkeit des politischen Gegners vor. Dies gilt auch für den Europarat. Continue reading >>12 Februar 2020
Kolevi: Bulgaria’s 10-Year Cat-and-Mouse Game with the Council of Europe and the Venice Commission
A cat-and-mouse game perfectly describes Bulgaria’s stubborn refusal to comply with Kolevi v Bulgaria, which requires a reform of Bulgaria’s Prosecutor’s Office, and it has been going on for a decade. The latest trick pulled out of the bag is quite original – Bulgaria’s government essentially asked Bulgaria’s Constitutional Court to clarify if some of the concerns raised by the Venice Commission were reasonable, and this court deemed the question admissible. Continue reading >>19 Oktober 2019
The Law Can’t Always Fix It
On 14 October, the Venice Commission released an opinion on the scope of the power of the President of Albania to set the dates of elections. In Albania, the President is facing impeachment due to his postponement of the local elections, and the Albanian Assembly’s Speaker requested the Venice Commission to issue its opinion on the President’s actions. While the Commission was clear in its legal conclusions, the reactions of the Albanian public to the report illustrate that a reasoned legal opinion was not suited to calm the ongoing political battles in Albania. Continue reading >>
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06 April 2019
What Does the Spring Bring for the Rule of Law in Europe?
The Hungarian minister of justice requested the opinion of the Venice Commission on two bills establishing a new administrative court system in November 2018. Yet, before the Venice Commission got to have its say, the twin laws were adopted in December 2018, with the new courts expected to commence their work in January 2020. Continue reading >>
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06 Dezember 2018
Constitutional Resilience
Resilience of a body in general describes the ability to cope with an attack on its immune system. What is undisputed in psychology or biology is also valid for legal bodies, in particular for states. The term “constitutional resilience” obviously refers to the abilities of constitutions to cope with attacks and in the end to cope with a real crisis. In searching for answers on what constitutional resilience is, this article asks three questions: Where are the vulnerable parts of a democratic state governed by the rule of law? How can one protect the vulnerability of the state or some of its features? If vulnerable parts of a Constitution are properly protected – are the democratic state and its constitution safe? Continue reading >>
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27 März 2017
Damaging the Legitimacy of the Spanish Constitutional Court
The Spanish legislative burdens the Constitutional Court with the task to prevent Catalonia from pursuing independence. To use the Constitutional Court as the main barricade against any attempt at starting the independence process does tremendous damage to the Court itself as it undermines its perception as neutral arbiter and, thereby, its legitimation. Continue reading >>22 März 2017
The Catalan Secessionist Movement and Europe – Remarks on the Venice Commission’s Opinion 827/2015
The Venice Commission has issued an opinion on a Spanish statute on the Constitutional Court's authority. This statute is to be read as a concrete response to the Catalan secessionist movement. The Commission now reveals the European perspective on it... Continue reading >>
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17 Oktober 2016