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Category: re:constitution

Teenagers and young adults holding protest signs, reading e.g. "Justicia Climática" or "Si no escuchas al planeta me escucharas a mí".

A Right to Defend the Environment. Legal Protection for Environmental Advocacy in the IACtHR’s Climate Advisory Opinion

By Nina Alizadeh Marandi and Philipp Schönberger. As the world faces an escalating triple planetary crisis – climate change, biodiversity loss, and pollution – those who step forward to defend the environment are increasingly stigmatized, criminalized, and subjected to violence. It is therefore not surprising that the protection of environmental defenders features prominently in the Inter-American Court of Human Rights’ (IACtHR). By recognizing environmental defenders as essential actors in democratic climate governance, the IACtHR’s advisory opinion advances a bold vision of environmental democracy that positions civic engagement as a vital precondition for legitimate and effective climate action.

Picture of the Supreme Constitutional Court of Egypt.

Islamocracy and Judicial Review in Egypt

By Mohamed ‘Arafa. In democratic societies, the relationship between democracy and religion can be harmonious, as democracy ensures the freedom to practice religion, while religious diversity can enrich public discourse. This post explores the intersection of democracy, judicial review, and Shārīe‘ā law, focusing on the tensions and possibilities that arise when religious legal principles interact with democratic governance. It discusses how Article 2 of the Egyptian Constitution, which asserts the supremacy of Shārīe‘ā law in certain legal contexts, interacts with democratic ideals and the practice of judicial review.

(De)coloniality and EU Legal Studies

By Jennifer Orlando-Salling. In EU legal studies, time, space, place, and knowledge are locations for contestation, deliberation and reconstruction. A departure from methodological avenues ‘traditionally’ used in EU legal studies is not just timely but imperative to equip the field with the ability to engage with a broader array of options, viewpoints, knowledge(s), and strategies. The text shows how decolonial approaches can bridge the gap between history, theory, and action, offering practical and alternative solutions for reconciliation.

“Civil Disobedience is Not a New Phenomenon” — 5in10 with Philipp Schönberger

Philipp Schönberger studied International Relations in Dresden and Law at the Humboldt University of Berlin. After his second state examination in February 2022, he started working for the environmental law NGO Green Legal Impact Germany e.V. in Berlin as a legal advisor for climate policy and the protection of climate activists. At the same time, he works as a freedom of information lawyer for the transparency initiative FragDenStaat, focusing on access to environmental information. Since 2019, he has been coordinating a litigation project against the violation of migrants’ human rights at the EU’s external borders, successfully representing more than fifty applicants before the European Court of Human Rights (ECtHR) in both interim measures and ordinary proceedings. Previous work experiences include stays at the Institute for Advanced Sustainability Studies in Potsdam, the European Centre for Constitutional and Human Rights in Berlin, the European Court of Human Rights in Strasbourg and two law firms specializing in climate litigation.

Breaking Bias: Training Judges to Challenge Gender Stereotypes in Courts

By Beate Streicher. As part of her re:constitution project, Beate Streicher investigated the impact of stereotypes related to gender identity and expression, sex characteristics and sexual orientation on judicial proceedings and decisions and identified key challenges and good practices related to judicial training on this topic. To provide practical recommendations, she examined the guidance of international monitoring bodies, responsible for monitoring the implementation of the Istanbul Convention, combined with insights from elite interviews with eight experts (six identifying as female and two as male) involved in Council of Europe (CoE) cooperation projects dealing with the topic and the respective courses from the Human Rights Education for Legal Professionals (HELP) Programme, including the HELP course on WAJ, violence against women and gender equality and gender mainstreaming.

“The Internet has fascinated me for as long as I can remember” – 5in10 with Valentina Golunova

Valentina Golunova is an Assistant Professor in Digital Democracy at Maastricht University. Her research lies at the intersection of platform regulation and fundamental rights. Valentina’s PhD thesis addressed the interplay between algorithmic content moderation, the regulation of digital services in the EU, and freedom of expression online. At the moment, Valentina is pursuing research projects on the legal approaches to countering disinformation and strategic litigation in the field of digital rights.

Breaking Bias: Entry Points for Gender Stereotypes in Judicial Decision-Making

By Beate Streicher. As part of her re:constitution project, Beate Streicher investigated the impact of stereotypes related to gender identity and expression, sex characteristics and sexual orientation on judicial proceedings and decisions within the European context and beyond, applying an intersection perspective. The multimethod approach combined an analysis of key cases from the European Court of Human Rights (ECtHR) dealing with gender stereotypes, recommendations of international monitoring bodies such as the Committee on the Elimination of Discrimination against Women (CEDAW) and the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), and elite interviews with eight experts (six identifying as female and two as male) involved in CoE cooperation projects dealing with the topic such as the projects on Women’s Access to Justice (WAJ) and the respective courses from the Human Rights Education for Legal Professionals (HELP) Programme.

“It is Crucial that Courts Uphold the Rights of Individuals” – 5in10 with Beate Streicher

Beate Streicher is a legal professional with extensive experience in international law, human rights, and advocacy. She is currently serving as a legal advisor on international law at Amnesty International Germany. She is skilled in drafting submissions for legislative processes and international monitoring, with a deep understanding of human rights law and a strong commitment to social justice and equity. Her re:constitution research project (2024/25) examines gender stereotypes in court proceedings and decisions, and her mobility period is being conducted at the Council of Europe Programme Human Rights Education for Legal Professionals.

“I have made some unconventional decisions that brought me many pleasant surprises” – 5in10 with Ezgi Özlü

Ezgi Özlü is a Postdoctoral Researcher at the University of Strasbourg and a re:constitution fellow of 2024/2025. She holds a PhD from the University of Strasbourg, where her research focused on how procedural costs affect the right of individual application before the European Court of Human Rights. Having published in three languages, Ezgi’s research interests encompass issues related to access to justice, including legal aid, procedural costs, admissibility requirements, and reparations. She is also focused on topics surrounding the legal profession, such as legal mobilisation, legal ethics, and litigation funding, as well as broader procedural aspects of international adjudication.

EU Values and the EU’s Rule of Law Action: What Place for Academic Freedom?

By Olga Ceran. Academic freedom, enshrined in Article 13 of the EU Charter of Fundamental Rights (CFR), has not been discussed extensively in the EU legal literature. What brought it into the spotlight of EU law was the democratic backsliding in Hungary. The judgment of the Court of Justice of the European Union (CJEU) in the so-called Lex CEU case, concerning the amendment to the Hungarian Higher Education Act, was the first judicial pronouncement on academic freedom in EU law. These developments confirm in practice what has already been pointed out in the literature: rule of law, democracy, and academic freedom are intertwined. Nevertheless, what this means for EU action remains underexplored. While the EU’s toolbox for the protection of democracy and the rule of law has grown in recent years and has been widely discussed, academic freedom is not explicitly a part thereof and there is no specific instrument for its protection.