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Since 2018, Swiss courts have become regular sites of criminal trials against climate activists who engage in various forms of non-violent protest to obtain effective climate action from their government and raise public awareness. Since the autumn of 2018, we have recorded approximately 30 non-violent forms of climate protest and civil disobedience across Switzerland, leading to at least 200 trials in Swiss criminal courts. In this contribution, we highlight three themes that have emerged in the trials of climate activists: First, the Federal Supreme Court has closed the door to the use of the necessity defense to justify civil disobedience in the name of the climate emergency. Second, at least some Swiss judges and courts are open to considering and applying the case law of the ECtHR. Third, the idea of civil disobedience remains deeply contested in the courts, as it is considered by the authorities to be antithetical to the Swiss model of democracy.

Blocked streets, occupied airports, and a Brandenburg Gate sprayed with paint: Civil disobedience is making a spectacular comeback.

In Germany, disruptive protest demanding climate change mitigation policies has provoked popular and constitutional discussion. Commentators have questioned whether acts of illegality committed as civil disobedience should be treated distinctly from 'ordinary' criminality and punished more leniently. In other parts of the world, however, legislative activity has singled out the illegality involved in civil disobedience to the opposite end. Legislatures have introduced laws that radically increase penalties for existing offences involved in disruptive protest and blockades, conferred new powers on police, and created new offences for previously legal forms of protest. In this post I explore an Australian legislative trend of the last decade that specifically targets environmental civil disobedience by imposing additional criminal penalties upon its exercise. The Australian case study is a cautionary tale of what can follow a failure to recognise democratic value in civil disobedience and treat it with constitutional nuance.

Disruptive environmental protest has become a hugely controversial issue in the UK, both politically and legally. It is likely to be a wedge issue in the upcoming General Election. Both major political parties are talking tough on the issue, and the government has instituted draconian new laws. The courts, for their part, are permitting ever more 'Mega Persons Unknown injunctions' and imposing increasingly longer prison terms for peaceful – but disruptive – protests. Part of this is an international trend, caused by the indisputable evidence of global warming and the increasingly activist environmental movement. But from a UK practitioner's perspective, it is deeply worrying that there are now a large number of peaceful protesters in the prison system, or facing huge bills for legal costs, or both.

Call for Papers for a Conference in Berlin on November 7–8, 2024. Deadline: May 31, 2024

Bei manchen Demonstrationen wurde gezielt die Presse angegriffen, etwa hier bei einem Bauernprotest in Brüssel. – Alle Rechte vorbehalten IMAGO / Photo NewsDie EU brauche strengere Regeln beim Einsatz von Staatstrojanern, fordert die NGO Civil Liberties Union for Europe in einem Bericht zur europäischen Medienlandschaft. Außerdem nehme das Vertrauen in Medien insgesamt ab – auch in Deutschland, wo die Presse verhältnismäßig viel Glaubwürdigkeit genießt.

Vor 50 Jahren, am 16. April 1963 veröffentlichte Martin Luther King Jr. seinen berühmten Letter from Birmingham Jail. Der Text gilt gemeinhin als Schlüsseltext für Kings Verständnis von zivilem Ungehorsam. King reagierte damit auf einen wenige Tage zuvor in verschiedenen Zeitungen publizierten offenen Brief von acht weißen Geistlichen, die die Protestaktionen des Civil Rights Movement […]

On 16 June, just two days after the catastrophic Pylos shipwreck in the Mediterranean with probably hundreds of deaths, the EU Commission organised the 4th meeting on a European framework for search and rescue in the Mediterranean. The framework is supposed to address "the specific challenges stemming from the ongoing migratory movements to the EU by sea, including those deriving from the increased number and types of actors involved in SAR operations". While the alleged aim of the framework is to improve cooperation between Member States and other actors, under the guise of 'improving cooperation with other actors', the milestones ('deliverables') identified in the draft roadmap for the adoption of the framework risk to further impede civil search and rescue operations. Civil society organisations active in Search and Rescue operations may face extensive administrative burdens in registering ships and in the execution of search and rescue operations.

The extent of (private) media regulation depends on the willingness to trade private for public power. This blogpost takes the Commission's EMFA proposal as an opportunity to question the assumptions about media, markets, and politics behind it. It finds that the Commission's approach treats private like public media: First, it functionalizes the fundamental rights of private individuals and companies in terms of their public benefit; second, it imagines the conditions of qualitative journalistic work as those of civil servants.

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?

On 16 July, the European Commission and the Tunisian government signed a new strategic partnership on migration, sparking outrage by European parliamentarians, researchers and civil society actors given Tunisia's autocratic turn since 2021 and the recent flaring up of racial and xenophobic violence. The deal is emblematic of the blind spots of trans-Mediterranean migration cooperation over the past decades: First, a growing reliance on informality and symbolic politics at the expense of accountability; and second, a persistently Euro-centrist perspective that overlooks the dynamics South of the Mediterranean, with dire policy consequences.

By Elise Daniaud Oudeh and Loaay Wattad.
"Dounia and the Princess of Aleppo" is an animated film produced by artists Marya Zarif and André Kadi. As the sequel of the film, "Dounia and the Great White North", will soon be playing at festivals, this article explores the original creative process of Marya Zarif. The movie introduces us to the life of Dounia, a young Syrian child born and raised in Aleppo. From her birth in an old traditional house, to her departure, hands in hands with her grandparents, as civil unrest and repression start spreading in the country, the viewer follows the daily life of the small family.