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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 drawing of hands casting their ballot in front of an hungarian flag.

Issues / re:constitution

The Limits of Representation: Three Dimensions of Constrained Choice in Hungary’s 2026 Election

By Stefan Szwed. Hungary’s parliamentary elections on 12 April 2026 were, by most metrics, historic. With turnout approaching 80 percent — the highest in the post-1989 era — the centre-right opposition alliance Tisza founded in 2023 swept Fidesz from power with a constitutional supermajority, ending 16 years of Victor Orbán’s government. The scale of the result was sufficient to turn the system designed to favour Fidesz flatly against it. Three perspectives map, from three distinct empirical angles, a system comprehensively engineered to purposefully narrow the political choices available to specific categories of voters.

A man with dark hair wearing a blue suit jacket and a white shirt.

re:constitution / Rule of Law Reflections

The European Union’s Democratic Turn

By Matteo Bonelli. The “constitutional backsliding” crisis in the European Union started almost fifteen years ago. Since then, EU institutions have sought to address and reverse backsliding processes in the Member States with a variety of tools, initiatives and strategies. This article argues that we are witnessing a “democratic turn” in EU initiatives to protect and promote EU values. This democratic turn complements, but does not replace, the initiatives developed in the last decade to strengthen the rule of law in the EU and the Member States, as well as the Union’s fundamental rights policy that has even earlier roots.

A man with short hair and glasses wearing a suit.

5in10 / re:constitution

Constitutional Law is Ultimately About People’s Lived Experiences – 5in10 with Dukagjin Abdyli

Dukagjin Abdyli is a distinguished legal expert specializing in European Law, Constitutional Law, and International Law. He holds a Doctor of Legal Sciences degree from Karl Franzens University of Graz, where his research focused on the interaction between European and international legal frameworks. Dukagjin has held key positions in Kosovo’s public institutions, with a particular focus on constitutional and European integration processes. During his tenure at the Ministry of European Integration, he played a crucial role in the legal approximation process, ensuring the harmonization of Kosovo’s legislation with the EU acquis.

A man with dark hair in a blue shirt.

re:constitution / Rule of Law Reflections

Data protection weaponised

By Tivadar Hüttl. This article explores the intricate relationship between data protection regulations and press freedom in Europe, with a particular emphasis on the misuse of data protection laws to initiate Strategic Lawsuits Against Public Participation (SLAPPs). The Hungarian Forbes demonstrates the onerous legal obligations placed on the press and the potential for Data Protection Authorities (DPAs) to function as de facto instruments of SLAPPs.

A woman in a black longsleeve with long brown hair.

5in10 / re:constitution

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.

re:constitution / Rule of Law Reflections

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.

re:constitution / Rethinking Democracy through Constitutional Adjudication

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.

5in10 / re:constitution

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.

5in10 / re:constitution

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.

re:constitution / Rethinking Democracy through Constitutional Adjudication

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?