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    • Macron or Juncker

      Commission President Juncker has delivered his State of the Union speech, proposing a whole list of reform and policy measures which are now being weighed and sorted and interpreted by the usual experts and, other than that, go by largely unnoticed. Even days before the national elections in the largest EU member state, the near-death experiences of the Euro and the refugee c ...

      Maximilian Steinbeis/ Verfassungsblog- 113 Leser -
    • Walking out on us

      Dear friends of Verfassungsblog, There has been a lot of walking out going on this week: German far-right leader Alice Weidel walked out of various talkshows and interviews, Hungary walked out of the circle of the EU member states who submit to the jurisdiction of the CJEU as a matter of course, and Catalonia walked out of its attachment to the Spanish constitution.

      Maximilian Steinbeis/ Verfassungsblog- 104 Leser -
    • The EU and the Catalan Crisis

      The events of the past week in Catalunya (and of the weeks that will follow) are very serious and worrying. Catalunya is a region of a Member State of the EU that has begun a unilateral process of independence, disregarding the Constitution, its Statute of Autonomy and the opposition of half of the Catalan population. It’s a remarkable challenge for Spanish democracy.

      Verfassungsblog- 98 Leser -
  • The Catalan Self-Determination Referendum Act: A New Legal Order in Europe

    … Referendum Act 19/2017. And it made no changes to the text of the draft bill I analysed in my previous post. The parliamentary debate – despite being drastically shortened as the bill was only set on the agenda on the morning of the day itself – was very tense and bitter, even nasty at some point, and, of course, highly divided. Out of the 135 seats…

    Verfassungsblog- 91 Leser -
  • Is the European Parliament Missing its Constitutional Moment?

    … Over the years, step by step, the European Parliament has won a share of real constitutional power. At times, as in 1984 with the Spinelli Draft Treaty and in 2002-03 in the Convention on the Future of Europe, Parliament has had a decisive influence on the constitutive development of the European Union. At other times, MEPs have found it just…

    Verfassungsblog- 74 Leser -

  • Hungarian Constitutional Identity and the ECJ Decision on Refugee Quota

    … country nationals which would be an infringement not just of Article XIV of the Fundamental Law prohibiting collective expulsion of aliens but also of international law in general. However, the CC examined only the control of national identity originated from Article 4(2) TEU, but not the relocation decision itself by declaring itself incompetent…

    Verfassungsblog- 72 Leser -
  • One Law, Two Justices

    … Poland’s prolonged rule of law crisis goes beyond the political and legal to the psychological. Those who believe in the value of respect for the law, the inviolability of the constitution and the independence of the courts have seen the things they believe in ruthlessly destroyed. They are likely to be experiencing a psychological trauma…

    Verfassungsblog- 40 Leser -
  • Privacy and the Indian Supreme Court

    … on the unantastbaren Kantian human dignity throne, Gandhi’s vision resonated well with Indians. Koselleck’s theory on the French Revolution’s advent––the revolutionary nucleus arising from the private sphere and annihilating absolutism––or Habermas' diligent study of Privatsphäre as the only viable path to explain away the rise and fall…

    Verfassungsblog- 76 Leser -
  • How not to Divorce Muslim Women in India

    … championed to keep personal laws based on religious scriptures. Though only of few of us were overtly religious, the constituent assembly’s dream that one day all Indians would be unified under a single juridical umbrella in family law matters, seemed naïve at best, and majoritarian at worst. For vast swathes of India’s past 70-years, the Uniform…

    Verfassungsblog- 81 Leser -
  • Dispute Resolution after Brexit

    … of the options discussed would only provide for the resolution of inter-party disputes, others for investor-state arbitration, and others still would seem to allow for reference requests from UK courts to a variation of the EFTA-court, which would in practice follow ECJ precedents. Of course, much will depend on the substantive content of the future EU-UK…

    Tobias Lock/ Verfassungsblog- 81 Leser -
  • Defenceless Formalists: on Abuse of Law and the Weakness of the Polish Judiciary

    … based on the context, motives and atypical nature of that action? The answer depends on whether one is a formalist or not. According to legal formalists, the only criteria to be applied in judgement are those related to the formal correctness of the actions of the state authority. For formalists, argumentation based on concepts of bad faith…

    Verfassungsblog- 41 Leser -
  • A Stress Test for Europe’s Judiciaries

    … and constitutional safeguards for the judiciary have been introduced, yet their judiciaries suffer nonetheless from political interference. Other countries, especially in Western Europe, have only weak formal safeguards for judicial independence in their constitutions and statutes. Yet, many still enjoy independent judiciaries relatively free from…

    Verfassungsblog- 70 Leser -

  • Venezuela: Lessons of a Crisis Written on the Wall

    …, in which the will of the majority of the people would be suppressed. The 1999 Constitution expressly stipulates (in article 347) that only the people can convene a NCA, as the holders of original constituent power. Hence, according to Venezuelan constitutional law and practices, which even President Chávez obeyed in 1999, the president…

    Verfassungsblog- 37 Leser -
  • Summer of Love: Karlsruhe Refers the QE Case to Luxembourg

    … entities. The program’s dimensions are gargantuan. As of May 2017, the volume of government bonds purchased under PSPP had reached over 1.5 trillion euros. These purchases do not focus on countries with particular debt problems. Rather, the ESCB buys the bonds of eurozone members in proportion to their share of the capital of the ECB. As in the OMT case…

    Verfassungsblog- 79 Leser -
  • Reviewing the recent Ban on Ritual Slaughter in Flanders

    … The question whether to limit or prohibit ritual slaughter or not is one that has been vexing decision-makers in both politics and law in Europe in recent years. More correctly, the debate is not about banning the practice for its own sake, but rather the extent to which animal welfare can be advanced without unduly limiting the right to freedom…

    Verfassungsblog- 37 Leser -
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