Rule of law
Heads of section: Dimitry Kochenov, Groningen School of Law and Petra Bard, ELTE/CEU
The rule of law is at the heart of the processes of de-democratization. Apart from the current academic discourse on the rule of law, we must recast the Europeanization theories that largely failed to address the issue of democratic backsliding.
Rule of law
Central and Eastern Europe after the Polish Elections: In Conversation with Daniel Hegedüs
Despite the Polish opposition election victory in the 15 October elections on 27 November President Duda swore in the Law and Justice Party ahead of a confidence vote that the incumbents seem set inevitably to lose. In this latest Rule of Law podcast, Oliver Garner and Daniel Hegedüs discuss the implications of the election for Central and Eastern Europe. Daniel is a German Marshall Fund fellow with expertise in populism and democratic backsliding and the foreign affairs of the Visegrad countries.
4.12.2023
Rule of law
The Role of (EU) Competition Law in Defending the Rule of Law
Kati Cseres is an Associate Professor of Law at the Amsterdam Centre for European Law and Governance (ACELG) and Program Director of the EU Law Masters at the University of Amsterdam. This series of RevDem op-eds collects reflections on the contemporaneous challenges for the Rule of Law, which stemmed from the conference organized at Radboud University (Nijmegen) on 21-22 September in honour of Prof. Petra Bàrd. This is the latest entry following previous contributions by Benedetta Lobina on the Russo-Ukrainian war, and Pauline Thinus on EU spending conditionality.
27.11.2023
Rule of law
The EU’s turn towards a transactional approach to Rule of Law enforcement? Spending conditionality in the 2020s
This series of RevDem op-eds collects reflections on the contemporaneous challenges for the Rule of Law, which stemmed from the conference organised at Radboud University (Nijmegen) on 21-22 September in honour of Prof. Petra Bàrd. Following Benedetta Lobina’s op-ed on the impacts of the Russo-Ukrainian war, Pauline Thinus addresses the consequences of the use of Rule of Law spending conditionality within the European Union (EU).
13.11.2023
Rule of law
The Rule of Law in Malta: In Conversation with Jenny Orlando-Salling
In the latest RevDem Rule of Law podcast, Oliver Garner discusses the current state of the Rule of Law, democracy, and corruption in Malta with Jenny Orlando-Salling. Jenny is a Ph.D. researcher at the University of Copenhagen, and she previously worked at the Permanent Representation of Malta to the EU and as Deputy Head of Mission and Consul to the Embassy of Malta in Egypt and Sudan.
2.11.2023
Rule of law
Taking Stock: The Polish Opposition Victory and the Rule of Law
By stark contrast to the worsening situation in Hungary, Poland may be facing a new dawn and a restoration of liberal democracy. But caution may be required to ensure that this dawn does not darken again into political acrimony and fragmentation.
26.10.2023
Rule of law
The pro bono fight for the rule of law in the EU
Frenchman Laurent Pech is concerned about the rule of law in the European Union. With the pro bono network of academics known as “The Good Lobby Profs”, he goes into battle against constitutional breaches in Brussels. In fact, he sees our democracy in danger.
25.10.2023
Rule of law
Why the Polish Elections Cannot Be Repeated in Orbán’s Hungary
Poland is returning to the path of democracy and could become one of the most influential member states of the European Union. By comparison, Hungary’s prospects look bleak.
23.10.2023
Rule of law
Can the invasion of Ukraine be a breaking point for the appeasement of autocrats in Europe?
Benedetta Lobina (PhD candidate, University College Dublin) considers the Rule of Law impacts of the Russo-Ukrainian war
13.10.2023
Rule of law
Disabusing Constitutional Identity? In Conversation with Julian Scholtes
The monograph The Abuse of Constitutional Identity in the European Union (OUP, 2023) by Julian Scholtes (Lecturer in Public Law, University of Glasgow) was published in September. In this latest RevDem Rule of law podcast, Oliver discuss constitutional identity and its implications for the Rule of Law and democracy in Europe today. Oliver Garner: I found that your distinction between generative, substantive, and relational aspects of constitutional identity abuse is an impressive attempt to categorize such illegitimate practices systematically. How do these concepts advance our understanding of constitutional identity and its abuse? Do you believe they can be operationalized to allow the identification of abusive identity claims in practice? Julian Scholtes: I think we need to distinguish this idea of constitutional identity, that is quite commonly used in comparative constitutional law, as an analytical lens which allows us to look into the relationship between [...]
29.09.2023
Rule of law
Models of Judicial Independence in Europe: In Conversation with Pablo Castillo Ortiz
In this latest RevDem Rule of Law podcast, assistant editor Teodora Miljojkovic discusses the different models of judicial independence in Spain and beyond with Pablo Castillo Ortiz.
19.07.2023
Rule of law
India’s Basic Structure Doctrine: Past, Present, and Future: In Conversation with Moiz Tundawala and Anuj Bhuwania
In this episode, assistant editor Rohit Sarma discusses the “basic structure” doctrine of the Indian Constitution on the occasion of its 50th anniversary with Moiz Tundawala and Anuj Bhuwania, Professors of Constitutional Law at the Jindal Global Law School in India.
12.07.2023
Rule of law
The War in Ukraine and Transition: In Conversation with Maria Popova
Despite, or perhaps due to, the war in Ukraine there have been positive developments in combating corruption and other issues in anticipation of EU membership. In this RevDem Rule of Law podcast Teodora Miljojkovic discusses these issues around transition with Professor Maria Popova.
20.06.2023
Rule of law
Suspending Hungary’s Presidency of the Council of the EU? In Conversation with John Morijn and Alberto Alemanno
In recent weeks proposals by the Meijers Committee to suspend Hungary’s Presidency of the Council of the EU in 2024 have received support in a resolution of the European Parliament. In this RevDem Rule of Law podcast, Oliver Garner discusses these proposals in the wider context of the Rule of Law crisis with John Morijn and Alberto Alemanno.
9.06.2023
Rule of law
Digital Constitutionalism and Democratic Participation: In Conversation with Moritz Schramm
With the EU moving forward with the new Digital Services Act, in today’s episode of the RevDem Rule of Law podcast, our assistant editor Alexander Lazović sits down with Moritz Schramm to talk about the connections between digital constitutionalism, the Rule of Law, the role of court-like settlement bodies, and democratic participation in the digital sphere.
10.05.2022
Rule of law
Norms & Narratives in the Constitution of the United Kingdom: In conversation with Nick Barber
In the newest episode of the RevDem Rule of Law podcast, assistant editor Gaurav Mukherjee talks to Nick Barber to discuss democratic backsliding in the UK, the role of courts in protecting democratic procedures, and the state of Parliamentary Sovereignty in the face of Brexit and COVID-19.
25.04.2022
Rule of law
Immediate EU membership for Ukraine? In conversation with Dimitry Kochenov
This interview, conducted by Rule of Law section editor Oliver Garner, considers the feasibility of immediate EU accession for Ukraine with Prof. Dimitry Kochenov, Professor in the CEU Legal Studies Department and Lead Researcher in the Democracy Institute Rule of Law work group.
20.04.2022
Rule of law
Criminalizing backsliding judges? In Conversation with Armin von Bogdandy
In March, before the Hungarian elections, our editor Oliver Garner sat down with Professor Armin von Bogdandy. They discussed Professor von Bogdandy’s recent article, published with Luke Dimitrios Spieker, on restoring the rule of law through criminal responsibility.
6.04.2022
Rule of law
In Conversation with Tarunabh Khaitan: Checking the Ascendant Executive in India
India, like many countries, faces democratic backsliding. Our editor Gaurav Mukherjee talks to Tarunabh Khaitan about his recent work on the phenomenon of democratic backsliding in India, the rise of an unchecked executive, and the role that courts and opposition parties play in protecting democracy.
29.03.2022
Rule of law
Ukraine: not a war about democracy
In this op-ed by Irina Domurath and Stefano Palestini, they discuss the war in Ukraine and why the West should leave behind the narrative that this is a "war of values."
25.03.2022
Rule of law
Signe Larsen: The Federal Telos of the European Union
In this conversation with our editor, Kasia Krzyżanowska, Dr. Signe Larsen talks about the (largely unacknowledged) nature of the EU as a federation, varieties of constitutionalism within EU Member States, and the impact of colonial legacies on the EU.
17.03.2022
Rule of law
In Conversation with Antonia Baraggia: Using Money to Protect the Rule of Law?
In this podcast, Oliver Garner and Antonia Baraggia discuss the judgment on the budget conditionality regulation and conditionality as a constitutional tool.
14.03.2022
Rule of law
In Conversation with Ana Bobic: Disentangling Primacy and the Rule of Law Crisis
In this podcast, RevDem assistant editor Teodora Miljojkovic interview Dr Ana Bobić on whether primacy and the Rule of Law crisis can be separated. They also discuss the benefits of a theory of constitutional pluralism that adheres to a normative core for judicial dialogue and democratic legitimacy in the EU.
7.03.2022
Rule of law
Martin Krygier: Three Ways Not to Think About the Rule of Law
In this lecture, Martin Krygier discusses three conventional ways of approaching the rule of law, each of which seems to me misconceived and misleading. The first starts in the wrong place. The second goes on in the wrong way. The third misconstrues the point and destination of the quest.
1.03.2022
Rule of law
In Conversation with Joelle Grogan: Two Years On – COVID-19 and the Rule of Law
Oliver Garner interviews Dr Joelle Grogan about the legacy of the pandemic for the Rule of Law, democracy, and other constitutional values around the world.
17.02.2022
Rule of law
In conversation with Tom Theuns: An EU 2.0? Mass Withdrawal of Pro-Democratic Member States
Oliver Garner interviews Tom Theuns about the possibility and justification of a mass-exodus of democratically minded Member States via Article 50 of the Treaty on European Union and the founding of an EU 2.0 in response to Member States becoming autocratic.
28.01.2022
Rule of law
Adam Bodnar: What new rights do we need to better protect ourselves from abuses of power
Adam Bodnar on new rights that should be included in the Charter of Fundamental Rights
20.01.2022
Rule of law
Oliver Garner: Bridging Brexit and Polexit? Reforming EU withdrawal
This op-ed considers whether the reforms to the EU withdrawal that use the lessons of Brexit to address the possibility of "Polexit" can be helpful in resolving the ongoing values crisis in the EU.
7.01.2022
Rule of law
6 Key 2021 Books: Rule of Law and the Future of Europe
Oliver Garner and Michał Matlak, the Review of Democracy editors, select 5 most important books in two areas: Rule of Law and the Future of Europe.
23.12.2021
Rule of law
Dimitry Kochenov: Why we shall abolish citizenship
Professor Dimitry Kochenov in conversation with Michał Matlak explains why he believes citizenship is a “perpetuation of the ideas of aristocracy,” sexism, and racism; what can be done to fix this issue; and what motivated him to write “Citizenship” (MIT Press, 2019).
4.12.2021
Rule of law
In conversation with Barbara Grabowska-Moroz: The escalation of Poland’s Rule of Law crisis
Barbara Grabowska-Moroz discusses the current state of the rule of law crisis in Poland, the arduous relationship between the EU and Polish courts, and how this impacts EU Member States.
2.12.2021
Rule of law
Informal power – undermining democracy under the EU’s radar in Hungary and Poland
In this article, Edit Zgut discusses how the governments in Hungary and Poland have been able to undermine democracy using informal power, namely political clientism and media capture, while "flying beneath the radar" of EU's mechanisms which are meant to prevent such deteriorations.
12.11.2021
Rule of law
The instability of the Northern Ireland Protocol: A present threat to the Rule of Law?
RevDem editor Oliver Garner reflects here on the present threat to the Rule of Law arising from the fraught context of renegotiation of the Protocol on Ireland/Northern Ireland.
10.11.2021
Rule of law
How populists change parliaments
In their op-ed, Aleksandra Maatsch and Eric Miklin argue populist parties are both willing and able to weaken or even disempower representative institutions.
9.11.2021
Rule of law
Zsolt Enyedi: Is it still possible to win an election in Hungary, if you’re not Viktor Orbán?
Michal Matlak interviews Zsolt Enyedi about the development of Church-State relations in Hungary, Viktor Orban’s vision of Christian Democracy, why the Democracy Institute plays an important symbolic role in Budapest, and about his recently published book, “Party System Closure: Party Alliances, Government Alternatives, and Democracy in Europe”
29.10.2021
Rule of law
Ruling by Cheating? In Conversation with András Sajó
Our assistant editor Teodora Miljojković (CEU) talks with András Sajó, Professor in the Law Department of Central European University and former judge of the European Court of Human Rights about his new book, the tactics of illiberal regimes, their relationship to the rule of law, and shortfalls in the EU’s reaction.
19.10.2021
Rule of law
An Authoritarian Liberal Europe? In Conversation with Michael Wilkinson
Oliver Garner interviews the author on his book ‘Authoritarian Liberalism and the Transformation of Modern Europe’
1.10.2021
Rule of law
Democracy Rules. A Book Discussion with Jan-Werner Müller and His Critics
Gráinne de Búrca, Jan Kubik, Jeffrey Isaac, and Karolina Wigura comment on the new book by Jan Werner Müller. Afterwards the author responds to the commentators.
29.09.2021
Rule of law
Krygier: Institutionalizing and Deinstitutionalizing the Rule of Law
Martin Krygier on how to understand the rule of law crisis from a teleological perspective.
22.09.2021
Rule of law
Will the EU survive the rise of democratorships within? Karolewski and Leggewie on the new quality of politics in the Visegrád states
Ireneusz Paweł Karolewski on the new quality of politics in the Visegrád states.
21.09.2021
Rule of law
The Rule of Law – A Courtroom Drama: A conversation with Laurent Pech
Our editor Oliver Garner discusses with Laurent Pech the ongoing tensions between Poland and the Court of Justice of the EU.
15.09.2021
Rule of law
Corrective power of the populists
Do populists pose a threat to constitutional democracy? Are populists always the villains in our tales about democracy? Bojan Bugarič answers these questions in a conversation with Kasia Krzyżanowska. He also talks about his recent book on the relationship between constitutionalism and populism, co-authored with Mark Tushnet.
7.07.2021
Rule of law
Legal impossibilism versus the rule of law
Our editor, Katarzyna Krzyżanowska, writes about the relation between the rule of law in Poland and the idea of legal impossibilism, providing some worrying empirical data on the administration of justice in Poland.
29.06.2021
Rule of law
Populism and Antipopulism: Beyond the Post-1989 Paradigm
Petr Agha, a postdoctoral research fellow at the University of Copenhagen in the iCourts Centre of Excellence for International Courts of the University of Copenhagen, discusses the clash between populism and antipopulism, and the implications for Europe, in conversation with Oliver Garner.
8.06.2021
Rule of law
Rule of Law is not like IKEA furniture
What is the societal dimension of the rule of law? How can we improve democracy on the European Union level? Is there a place for citizens engagement in design of the Conference on the Future of Europe? Paul Blokker, an associate professor at the University of Bologna, in a conversation with Kasia Krzyżanowska, unpacked all these issues.
2.06.2021
Rule of law
It’s not only about the rule of law: Poland and Hungary in the EU [Podcast and Interview]
The EU rule of law framework is not the best way to check compliance with the EU’s basic values, says Gábor Halmai in a conversation with RevDem’s assistant editor Teodora Miljojković.
10.05.2021
Rule of law
There is still hope. Interview with Adam Bodnar, Polish Ombudsman
On April 21, Review of Democracy and CEU Democracy Institute hosted Adam Bodnar, Polish Ombudsman.
30.04.2021
Rule of law
Academic Freedom and the Rule of Law
In the latest RevDem Rule of Law podcast, Oliver Garner interviews Professor Nandini Ramanujam, Full Professor (Professional) at the Faculty of Law of McGill University and the Co-Director of the Center for Human Rights and Legal Pluralism, where she supervises the academic freedom monitoring clinic.
19.03.2021
Rule of law
The Politics of Antipopulism
The mainstream media and academia as well as political elites identify populist movements as the most important threat to the current liberal democratic regime. Populist actors have indeed unsettled and begun reshaping the European political landscape.
19.03.2021
Rule of law
To Protect Academic Freedom, Stop Rule of Law Backsliding
Rule of Law and academic freedom are cherished political ideals of the liberal tradition. Insights from our work at McGill University’s academic freedom monitoring clinic, conducted in partnership with Scholars at Risk Network, has underscored the mutually reinforcing relationship between these two notions.
19.03.2021
Rule of law
Adding Bite to the Member States’ Rule of Law Bark?
Oliver Garner interviews Professor Dimitry Kochenov on the prospects for Member State to Member State infringement actions to enforce the Rule of Law in the EU.
25.02.2021
Rule of law
What Price the Rule of Law?
On 25 January the CEU Democracy Institute hosted Commissioner Didier Reynders and MEP Katalin Cseh for a debate on the new EU Regulation on Rule of Law conditionality. Oliver Garner and Teodora Miljojkovic reflect on the implications for constitutional democracy of the impression that the Rule of Law comes at a price.
19.02.2021
Rule of law
Rule of Law Conditionality: The Sharpest New Tool in the Box?
In an interview with Oliver Garner, Professor Petra Bard argues that the new Regulation on budget conditionality could strengthen the EU’s enforcement prong in response to Rule of Law violations.
19.02.2021
