Suchergebnisse

On August 11, the last day of the ongoing session of Parliament, the Indian Government tabled a notice that it wished to introduce three new bills on the Floor of the House for consideration. These were proposed statutes to replace the holy trinity of Indian criminal law: The Indian Penal Code of 1860, the Criminal Procedure Code of 1973, and the Indian Evidence Act of 1872, were to be replaced by the Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam respectively. Even though the reform was marketed as an attempt to break from the colonial origins of criminal law, it actually represents a resurgence of the colonial-style authoritarian approach, rather than an effort to build upon the relatively modest progress made half a century ago in advancing individual freedom and civil rights.

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.

In June 2022, the EU Commission adopted a Proposal for a Nature Restoration law which aims to restore the degraded levels of biodiversity within the European Union. The proposed instrument has been misinterpreted, in part by an active agroindustry lobby, seeking to prevent the adoption of the restoration law. These scientific and economic myths have been contested. Yet, legal myths, oversimplifications or concerns often remain unaddressed.

In this conversation with RevDem editor and a re:constitution fellow Kasia Krzyżanowska, Krzysztof Izdebski (Batory Foundation) and Bartosz Pilitowski (Court Watch Poland) discuss all the current challenges the Polish government is facing with the legal legacy left by the Law and Justice party. How to restore trust in the judicial institutions? How to deal with the irregularly established Constitutional Tribunal and the National Council of the Judiciary? What should be the role of the judges in designing the judicial system?

By Maciej Taborowski. This contribution takes a closer look at how the Court of Justice of the European Union (CJEU) has shaped the value of rule of law as the "very identity of the EU legal order", and how it has used the rule of law to build a "shield" that serves as a defense for national judges against interference with their independence on the basis of the principle of effective judicial protection. Such a "shield" is particularly useful in those EU Member States where there is an ongoing rule of law crisis, such as Poland.

On 15 June, the Bundestag approved a minimum percentage threshold for elections to the European Parliament (EP). Shortly before the summer break, the Bundesrat (Federal Council) also agreed to the clause. German lawmakers already failed twice in this endeavour before the Federal Constitutional Court (Bundesverfassungsgericht, short BVerfG). This time, the German legislator can refer to a binding EU legal act backing its reform efforts. This means the electoral threshold must now be treated (also by the constitutional court) as determined by EU law – with all consequences. However, even a 2% hurdle is not 100% safe from the BVerfG.

On 30 June 2023, the Brazilian Electoral Superior Court ruled that former President Jair Bolsonaro is disqualified from running for any electoral position for the next eight years. Although there are fifteen other electoral actions brought against Bolsonaro by other political parties or by public electoral prosecutors, most of which refer to accusations of attempting to compromise the integrity of the 2022 elections, this was the first case to reach Brazil's highest electoral court. Despite there being a precedent, the ruling is not a legal innovation, but the mere application of existing laws.

Five years in the making, the EU's e-evidence Regulation was finally adopted by the European Parliament on June 13. The Regulation will allow law enforcement authorities to directly compel online service providers operating in the EU to preserve or produce e-evidence in the context of criminal proceedings. This is achieved through applying the principle of mutual recognition to cooperation with online service providers, thereby skipping judicial control in the Member State where the service provider is established. Whilst these innovations have been lauded for facilitating access to data in cross-border cases, this blogpost will detail how the Regulation's emphasis on speed and efficiency comes at the expense of safeguarding suspects' fundamental rights.

By now it has become clear that Poland is not willing to discharge the definitive judicial penalties of over EUR 600 million which the European Court of Justice (ECJ) has ordered it to pay for failing to observe coercive interim measures. When the Commission announced it would proceed to set off the outstanding amounts against money due to Poland from the EU budget, the Polish government vowed to fight the recovery 'with all legal means'. Recently, Poland has put its money where its mouth is. It has brought four cases before the General Court to challenge the recovery. These actions have thus far evaded closer scrutiny in the legal blogosphere. However, they contain a significant challenge to the EU's powers to enforce judicial penalties against Member States, namely as regards recovery by offsetting. As the cases raise issues which may have repercussions beyond these proceedings, this post casts a closer look at Poland's applications and analyses their potential broader significance.

With the "Pilnacek" case, the debate on corruption in Austria – ongoing since the "Ibiza affair" (May 2019) but largely inconclusive so far – is heading for a new high point. The affair showcases massive political influence on the Austrian criminal justice system and proves that it is challenging to bring the problem of corruption under control. One of the main reasons is that Austria has not made the necessary adjustments to the European "acquis communautaire" since its (relatively late) accession to the EU and keeps ignoring fundamental principles of EU law. Since 2000, there have even been setbacks. The case of Christian Pilnacek illustrates the problem of corruption in Austria in an exemplary manner. Likewise, it underlines the continuing backlog of reforms in Austria and the country's unwillingness to adjust to the European rule of law.

A phrase like "Parliament decisions on its own behalf" has not been codified in Spanish legal and political discourse. Nevertheless, it is acknowledged that there are certain issues where political parties within parliament possess distinct interests that may influence their legislative choices. To counter the potential hazards involved, various elements have demonstrated varying degrees of efficiency in ensuring that decision are being made for the common good, despite the influence of party-specific concerns.

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.

By Catherine Warin. This article argues that enhancing rights consciousness across societies in Europe can help make individual rights a reality and strengthen individual and collective confidence in the EU's legal system. The author gives a brief reminder of the nature, function and value of rights in the EU legal system and discusses rights consciousness as a precondition for rights effectiveness.

The destruction of the Kakhovka dam and consequent damage to housing and flooding of tens of thousands of hectares of land, is reportedly causing severe harm to humans and nature. This blogpost argues, first, that the destruction of the Kakhovka Dam potentially violated prohibitions under multiple fields of international law, but that challenges will nonetheless arise in establishing criminal responsibility for those violations due to the distinct elements of the relevant criminal provisions and the heightened burden of proof on the prosecution in such cases. Because various normative systems are applicable to the facts, ranging from international humanitarian law, international criminal law, and international environmental law, a means of reconciling conflicts of norms will be required. This will be best served by an approach of complementary interpretation.

Poland's rule of law crisis, spurred by the ruling coalition under Jarosław Kaczyński, has caused severe damage to its legal system and democratic foundations. The European Union has responded with infringement proceedings and withholding of funds, leading to some concessions from the Polish government. Yet, Poland's legal community and civil society have shown resilience, challenging these attacks in courts, advocating for democratic values, and maintaining a robust private media. As parliamentary elections loom, the question arises: can this resilience lead to a restoration of the rule of law?