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Kategorie: re:constitution

Issues / re:constitution

Fighting Impunity Through Intermediaries: The European Union, International Criminal Justice, and the Rule of Law

By Raphael Oidtmann. What legal principle – that may also be derived from its treaty framework – determined and guided EU support towards Ukraine? This contribution argues that at least certain streams of EU assistance for Ukraine in countering the Russian Federation’s aggression – namely those aimed at ending impunity for international crimes – have been organized within a distinct rule of law context.

re:constitution / Rule of Law Reflections

Inequalities, Economies of Fear and Geopolitical Turmoil: Southeastern Europe and Central America Beyond Borders

By Felipe Hernández. This article explores the socio-political costs of global destabilization in countries where democracy is a contested terrain between opposing actors and where the rule of law is a reality experienced by a minority. Nowadays, South Eastern Europe and Central America allow us to follow the shadow zones of democracy, where a large part of their inhabitants live a life on the margins of the globalization of capital.

re:constitution / Rule of Law Reflections

The Covid-19 Crisis as an Ideological Armory for the Populist Right in Spain and Italy

By Amélie Jaques-Apke. As Europe begins to emerge from a pandemic, we begin to evaluate emerging
political damages. Now more than ever, we must understand how radical right populist parties design their message toward vulnerable, crisis-shaken populations. The objective of this study is to reflect critically on the interplay between democracy and populism, exploring recent discursive developments of
the parties Vox and The League and its power relations, which are linked to the exogenous shocks provoked
by the pandemic. The author used qualitative techniques of content analysis, and conducted interviews with scholars and political actors, and group discussions with local actors for several months.

Issues / re:constitution

‘Instrumentalisation of Migrants’ and the EU-Belarus Border Crisis: Facts and Fictions

By Aleksandra Ancite-Jepifánova. Recent years have seen an increase in the violation of asylum-seeker rights in the EU, including through so-called pushbacks. These practices have typically not been authorised by domestic legislation and have been denied or concealed by the relevant Member States. However, this changed with the crisis at the EU-Belarus border that has unfolded since summer 2021.

re:constitution / Rule of Law Reflections

A Rule of Law Revolution in Future Generations Litigation – Intergenerational Equity and the Rule of Law in the Anthropocene

In this article, Katilin Sulyok analyses the growing body of future generations litigation, i.e. lawsuits in which plaintiffs seek protection to long-term needs of future generations typically in domestic climate change and environmental
litigation.

re:constitution / Rule of Law Reflections

Privacy and Personal Data Protection in Russia, Lithuania and Germany: Law, Legacy and Cyber Shift

In this article, Monika Rogers investigates if the historical ideas and beliefs about privacy and personal data protection are still shaping the experiences, law, perceptions and behaviours in the digital world of Lithuania, Russia and (East) Germany, three countries united by similar historical experiences of living in non-democratic sociesties with state-socialist legal systems.

Issues / re:constitution

The EU Anti-SLAPP Directive –  Betrayal of an Idea?

By Satyajit Sarna. Broadly speaking, SLAPPs are lawsuits or other legal actions which are filed with the primary motive of intimidating and harassing journalists and activists and thereby stifling criticism of claimants, who are often politically influential and economically powerful, including major corporations. Most frequently, they are framed as defamation suits or actions against the invasion of privacy. Now, the European Commission is proposing a revisioned draft of its Anti-SLAPP legislation.

5in10 / re:constitution

“It was precisely the total absence of reports on the situation on the ground that attracted my attention” – 5in10 with Aleksandra Ancite-Jepifánova

Aleksandra Ancite-Jepifánova is a researcher in European and comparative migration and asylum law. Her academic interests currently concentrate on two broad areas: family migration and access to international protection. She is currently a visiting researcher at the Amsterdam Centre for Migration and Refugee Law. Her research project aims to provide a comparative analysis of Latvian, Lithuanian and Polish responses to the situation at the EU’s border with Belarus, focusing on access to the asylum procedure and compliance with the Rule of Law.

5in10 / re:constitution

“But what is to be done when the political will and the conviction of the civil servant diverge exceedingly…?” – 5in10 with Dániel G. Szabó

Dániel G. Szabó has been a Head of Department at the Municipality of Budapest responsible for participatory governance, the city council, and IT with a staff of 130 since 2019. He supervised the city’s first participatory budget process and he is currently working on bringing citizen-oriented digital services.