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Category: re:constitution

re:constitution – Exchange and Analysis on Democracy and the Rule of Law in Europe aims to inspire comprehensive discussion about and around questions of democracy, the rule of law, and the protection of fundamental rights in Europe. Funded by Stiftung Mercator and co-managed by the Forum Transregionale Studien and Democracy Reporting International, the programme awards Fellowships to early-career scholars and practitioners, offers topical analysis and builds up a growing European network of experts on the rule of law and democracy.

re:constitution Editors: Sonya Ouertani and Julia Türtscher

A woman in a black longsleeve with long brown hair.

The Life of an Academic Does Not Have to be Confined to Sitting Behind a Desk ‒ 5in10 with Jacquelyn Veraldi

Jacquelyn Veraldi is a Junior Research Fellow at the Central European University Democracy Institute (Budapest). Her research interests include EU constitutional, in particular the values of democracy and the rule of law. She is also a Scholar at The Good Lobby. Jacquelyn holds a PhD from the University of Cambridge (Trinity College).

A man with a grey beard wearing a blue suit.

Choice Illusions: Through ‘Rule by Law’ to ‘Electoral Capture’ in Hungary and Poland?

By Stefan Szwed. National populist leaders across the EU, and in particular governments in backsliding Members States such as Hungary under Fidesz and Poland under PiS, like to proclaim themselves as true representatives of the people. They pit the principle of popular choice against the demands of the rule of law, defined among others as protection against abuses of majority rule. This exploratory research examines how ‘strongmen’ in office undermine the rule of law to not only advance their illiberal agendas, but also lower the risk of losing future ballots. Across key aspects of the process, it considers how the pair had laid foundations to game if not capture electoral competition.

An oil painting of a woman in a flowing dress leaning on a man with a donkey head. The man is wearing a brown jacket and is surrounded by small fairy-like figures and rabbits in a dark forest setting.

Constitutional Adjudication: Beyond Reductionist Reading of Democracy

By Raunaq Jaiswal and Max Steuer. In February 2024, the Supreme Court of India unanimously struck down the Electoral Bonds Scheme—a mechanism through which corporations could make anonymous donations to political parties—holding that anonymous donations to political parties violated the right to information. This ruling represents a significant development in constitutional adjudication, as, on the one hand, it represents a limitation of what a court can accomplish within existing frameworks of democracy, and on the other, it illustrates the risks of not developing a thicker conception of democracy and the remedies for breaching it.

A man with a mustache and brown glasses wearing a white shirt.

Mobility is also humility ‒ 5in10 with Yann Lorans

Yann Lorans studied European Union law at the Universities of Montpellier, Lund, Paris-Est Créteil, and at the College of Europe (Bruges). After an internship at the Court of Justice of the European Union in the cabinet of Advocate General Michal Bobek, he began a joint PhD at Université Paris-Est and KU Leuven. He defended his thesis on the collaborative relationship between the European judiciary and legislature in the field of fundamental rights. Alongside his research, he was a guest researcher at Lund University and has taught constitutional theory, French public law and EU law at Université Paris-Est Créteil, KU Leuven, Sciences Po Paris, and Université Paris-Panthéon-Assas. Since 2025, he has been working on the defence of democracy through EU media regulation as a re:constitution fellow, including research stays at the European Commission (Brussels) and NOVA School of Law (Lisbon).

A black and white photograph showing a woman with light hair and a white shirt.

A Liberal Society Stands or Falls with its Conception of Equality – 5in10 with Meret Plucis

Meret Plucis completed her legal education at Humboldt University Berlin, Panthéon- Assas University in Paris (LLM), and the University of Amsterdam (LLM). Early on during her studies, she developed a focus on European Union law. With her re:constitution fellowship, Meret Plucis returns to a more applied angle: examining how gender equality is strategically reinterpreted in retirement and labor law, connecting constitutional theory with on-the-ground legal realities. Her professional and personal interests are centered around feminist issues.

Protestors in yellow shirts photographed through a shattered window.

Judicial Power and Democratic Erosion: The Procedural–Substantive Dilemma of Democracy in the Brazilian Supreme Court

By Julia Wand-del-Rey Cani. This post contributes to understanding how Brazil’s Supreme Court (STF) has comprehended its democratic role, particularly during the Bolsonaro era, and argues that there is a tension between substantive democratic defense and procedural consistency. More broadly, it distinguishes between constitutional courts balancing democratic substance and democratic procedure, with the aim of answering the following question: to what extent should judicial self-regulation be constrained during periods of democratic erosion?

A monitor showing voting results in Albania.

Constitutional Imperative vs. Parliamentary Defiance in Albania: The Unresolved Case of an Alleged Mandate Incompatibility

By Arnisa Tepelija. When can a constitutional court compel a democratically elected parliament to act against its will, or compel it to vote in a certain way? Or, to put it differently, can a parliament ignore the decisions of the constitutional court? These questions lie at the heart ofa protracted standoff between the National Assembly in Albania and its Constitutional Court. The standoff reveals competing visions of democracy: one prioritising majority rule and legislative autonomy, the other emphasising constitutional obligation and political party minority protection.

Stamps of different colours on top of a desk.

Bureaucrats Under Illiberal Rule. How Governments Subdue Bureaucrats and How They Fight Back

By Dániel G. Szabó. This blog post summarises and analyses some of the leading scholarship on bureaucrats under illiberal rule and compares leading authors’ taxonomies on government approaches and strategies towards the bureaucracy, and bureaucratic reactions to these actions. It is discussed how governments might try to influence and subdue the public service and how it can fight back or resist. Despite the immense importance of the topic – governments in our societies cannot do anything without the intermediation of an army of bureaucrats – it is relatively understudied.

Stamps of different colours on top of a desk.

Illiberális kormány és a közigazgatás. Az államapparátus térdre kényszerítése és bürokratikus ellenállás

[HUNGARIAN] By Dániel G. Szabó. Ez a tanulmány az illiberális kormányok mellett működő közigazgatásról szóló szakirodalmat elemezte és összehasonlította, hogy különbőz szerzők hasonló jelenségeket milyen különböző fogalmakkal írnak le. A közigazgatás óriási jelentősége ellenére – hiszen a modern társadalmakat hivatalnokok működtetik – ez továbbra is kevéssé kutatott terület. Záró gondolatként a blogbejegyzés amellett érvelt, hogy a kormány és az apparátus viszonyát kutató szakirodalom általános szervezetszociológiai keretben is értelmezhető, valamint kiemelte a kérdőíves és interjúalapú kutatások megvilágító erejét, valamint – új elemként – a bírósági jegyzőkönyvek forrásértékét.

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Castles of Illiberal Thought. The Rise and Role of Government-Organised Non-Governmental Organisations in Academic Contexts

By Etienne Hanelt. Academic freedom has been significantly curtailed in recent years, albeit in Hungary, not the EU at large. The Hungarian government has done this both through pressure on academic institutions on the one hand and the creation and expansion of illiberal Government-Organised Non-Governmental Organisations (GONGOs). This article looks at Mathias Corvinus Collegium (MCC), an Orbán-linked “think tank” and academy for nurturing illiberal elites. “Experts” from these institutes are often invited in Hungarian public television to present, elaborate and support the government’s positions.