Rules of law
News
Pride Hungary: Orbán’s Culture War Escalates Ahead of 2026 Election
June is designated as Pride Month in many countries, but Orbán’s Hungary has essentially banned Pride events, masking democratic backsliding behind culture wars. Damien Le-Hoste unpacks the political theatre fueling authoritarian tactics ahead of a crucial 2026 election.
3.06.2025
News
Mexico’s Judicial Reform: Democracy by Ballot or Power by Design?
Mexico is preparing for an unprecedented judicial election. But far from empowering citizens or improving justice, this reform may erode the very foundations of democratic rule. Ana Micaela Alterio explores how a process framed as democratization could entrench power, undermine judicial independence, and usher in a new phase of autocratic legalism.
30.05.2025
News
The Chipping Away of Argentine Democracy
It has been almost a year and a half since Javier Milei took office in Argentina. As he openly warned he would do during his campaign, his administration has been plagued by authoritarian practices, verbal and institutional violence, and policies that openly curtail citizens’ rights. Argentina currently possesses significant democratic capital, earned by decades of struggles and political commitment. We must now ask how long this capital will last in resisting the libertarian wave.
6.05.2025
News
The Attack on the Constitution
The President’s defiance of judicial authority has pushed the US into a constitutional crisis. In his op-ed, Nicholas Reed Langen unpacks how his deportation orders, legal battles, and Supreme Court victories have emboldened an authoritarian agenda, testing the limits of US democracy.
3.04.2025
Interviews
Transnational Authoritarian Repression – In Conversation with Caroline von Gall
While the Putin regime’s war against Ukraine follows the tradition of Russian and Soviet imperialism, it’s methods have evolved. The “Iron Curtain” no longer exists, and in an increasingly globalized world where social media has transformed communication, authoritarian states no longer merely sever ties with the outside world. Instead, Putin’s Russia is actively engaging in transnational authoritarian repression.
19.03.2025
Podcasts
An Open Marketplace for Members of Parliament in European countries? In Conversation with Emiljana Krali
In the latest RevDem podcast our co-managing editor Dr Oliver Garner discusses processes for becoming an MP today in Europe with Dr Emiljana Krali.Dr Krali is a generalist Equity Research Analyst who has experience in telecommunications, fintech, software, and hardware among other fields. She holds degrees from the University of Bari in physics and from the University of Surrey in nanotechnology. Her Ph.D. was obtained from Imperial College London.She is currently undertaking the selection process to become a candidate for the governing Socialist Party in Albania.
10.03.2025
Interviews
An Existential Threat? – In Conversation with Christoph Flügge
The role of international courts presents distinct and complex challenges compared to other judicial areas. Since the enforcement of judgments relies on the willingness of states to cooperate, international criminal law has primarily been applied against weaker states on the global stage. An international court seeking to act against representatives of strong – western – countries in the international sphere faces a difficult dilemma. On one hand, the law must apply equally to everyone. A court that fails to uphold this principle risks losing its legitimacy. On the other hand, a court that alienates powerful states risks rendering its judgments ineffective or even jeopardizing its own existence. This is illustrated by the events following the International Criminal Court’s (ICC) issuance of arrest warrants for Hamas and Israeli leaders. Numerous Western politicians harshly criticized the ICC’s efforts to hold representatives of their ally, Israel, accountable for [...]
18.02.2025
Videos
Rule of Law at a Crossroads: The Walesa Case as a Catalyst for Rebuilding Judicial Independence?
The CEU Democracy Institute Rule of Law Clinic, the Review of Democracy (RevDem), and the Bingham Centre for the Rule of Law (BIICL) held a webinar on November 27, 2024, on the state of rebuilding judicial independence in Poland, using the landmark Walesa v. Poland case as a starting point. In this ruling, the European Court of Human Rights (ECtHR) applied its pilot judgment procedure, giving the Polish government a one-year deadline (November 24, 2024) to meet essential rule of law standards. Just days after this deadline, the event assessed Poland’s progress and explored practical solutions for restoring trust in its judiciary. The remaining challenges include reforming the judicial appointment process, determining the status of ‘neo-judges’, and addressing issues with the independence of the Constitutional Tribunal. The discussion also took a broader European perspective, highlighting the role of the European Union, the Venice Commission’s recent Opinions on Poland, and [...]
11.02.2025
News
Reimagining European Prosperity – A Conversation with Marija Bartl on the Role of Legal Imaginaries in Shaping European Political Economy
In this conversation at the Review of Democracy, Marija Bartl – author of Reimagining Prosperity: Toward a New Imaginary of Law and Political Economy in the EU – warns that the post-2008 crisis of neoliberalism created an ideological vacuum that would either be filled by a new vision of shared prosperity or by tribal imaginaries. She explains why the EU, despite its neoliberal origins, might be uniquely placed to articulate such a new vision of prosperity, and argues that European law is already being transformed to support it.
24.01.2025
News
Practicing What They Preach(ed)? The New UK Labour Government and the Rule of Law – Reflections on the Bingham Lecture
This op-ed reflects on the 2024 annual Bingham lecture, delivered by Attorney General Lord Hermer KC. It explores Lord Hermer’s substantive conception of the rule of law, the current challenges Lord Hermer identifies as threatening the rule of law, and the three-pronged approach he proposes for addressing these challenges. It is forwarded that Lord Hemer’s analysis aligns with an overall upturn in the UK Government’s rule of law narrative. However, as of yet, this has not been matched to the full extent by practical action or policy proposals. Without a considered policy programme to bolster the rule of law, democratic backsliding will continue.
23.01.2025
News
Five Books on the Rule of Law and Democracy from 2024 for 2025
The 21st century has already provided a quarter-century of tumult for democracy. The last year of these first 25 years has been no exception. Both the world’s largest and its most prominent democracy returned ‘strongmen’ leaders. By contrast in Central-Eastern Europe an anti-populist coalition toppled a traditionalist government. As War rages in Western Eurasia and the Northern Middle-East, signifying the collapse of deliberative ordering of human affairs, natural disasters push societies to their breaking point, regardless of the level of their development. The Rule of Law seeks to impose order upon such tumult, as democracy seeks to provide humans with the means to decide upon their own destiny. Here are five books on this phenomenon that have been covered by and informed the RevDem Rule of Law section in 2024.
16.01.2025
News
Redefining International Law: The Socialist Influence on Global Justice
Raluca Grosescu and Ned Richardson-Little’s new edited volume Socialism and International Law, published by Oxford University Press this year, challenges two dominant historical narratives of the development of international law: what we might call the orthodox view, which holds that Western liberal countries led the evolution of international law, as well as the opposing one that emphasizes the challenges of Third World post-colonial countries to Western hegemony. The book does so by explaining the role, contributions, and initiatives of socialist countries and socialist intellectuals in developing international law. Socialist states made important contributions in several relevant areas, such as defining the crime of aggression, supporting national self-determination as part of a sustained campaign seeking to dismantle colonialism, and advocating for the criminalization of racial discrimination and apartheid.
12.12.2024
News
The Mystic Candidate – Călin Georgescu’s Blend of Orthodox Faith, Mysticism, and Power
In this conversation at the Review of Democracy, Ionuț Biliuță discusses the connections between Orthodoxy and nationalism in Romania and to what extent they have influenced this year’s presidential elections; the revival of narratives concerning ‘fascist martyrs’ by Călin Georgescu and other radicals; the impact the 2018 Constitutional referendum on same-sex marriage had on radicalization; the ideas in transnational circulation that have inspired Georgescu's statements, including Alexander Dugin’s and those of Donald Trump’s Evangelical supporters; and the steps that the Romanian Orthodox Church could take to dissociate itself from far right discourses.
9.12.2024
News
Red Flags and Writings on the Wall? Rising Threats to Democracy on Both Sides of the Atlantic
Donald Trump has been re-elected in the United States, and Germany is preparing for snap elections in February 2025. Both countries are likely to face political changes as they are witnessing the rise of anti-establishment movements. How resilient is democracy in Germany and the United States? Should we worry?
3.12.2024
News
Against Presentism: Post-National Constitutionalism as a Critical-Emancipatory Project
The book Postnational Constitutionalism: Europe and the Time of Law is a novelty for those who eagerly look for creative approaches to the quandary of constitutionalism beyond the State. According to Paul Linden-Retek, post-national constitutionalism is a critical-emancipatory project, consisting of a re-imagination of identity and self-authorship over time. For this to happen, constitutional open-endedness is necessary, particularly in the case of the European Union (EU).
29.11.2024
News
The Independence of the European Courts at Risk? – In Conversation with Marek Safjan
The attempt to transform a democracy into an authoritarian state often begins with the elimination of independent jurisdiction. Constitutional courts, in particular, are targeted - either to incapacitate them or even to turn them into enablers of governmental politics. This has been observed in Poland and Hungary. In Poland, after the PiS party was voted out of office, efforts are now underway to restore the independence of the constitutional court and to ensure better protection in the future. Meanwhile, in Germany, there are discussions about strengthening the resilience of the Federal Constitutional Court. This written interview considers the state of judicial independence in the EU today from a post-judicial career retrospective. Professor Marek Safjan was Poland’s appointee at the Court of Justice of the European Union from 2009 to 2024 and President of the Polish Constitutional Tribunal from 1998 to 2006.
20.11.2024
Podcasts
International Law and the ‘Second World’: In Conversation with Patryk I. Labuda
The Second World Approaches to International Law (SWAIL) project, which will be launched at Central European University in Vienna in February 2025, aims to establish a more accurate way of conceptualising East Central Europe’s position in, and relationship with, international law. Three themes arise continuously throughout the podcast: liminality, domination, and the emancipatory potential of international law.
18.11.2024
The Recipe Trump Will Hopefully Not Read Attentively – Measuring the US’ Political Prospects by the ‘Gold Standard’ of De-Democratization
Given all the grave concerns regarding the future of democratic norms and institutions in the US, Hungary’s transformation under Viktor Orbán’s rule offers the kind of warning that observers would ignore at their own peril. Considering the key ingredients on Orbán’s recipe of de-democratization can also help us develop a sense of proportions and nuance about what is likely to unfold under Donald Trump’s upcoming second term.
13.11.2024
Podcasts
Authoritarian Regimes Learn from Each Other – In Conversation with Mikal Hem
In our new podcast, Mikal Hem discusses what modern dictators and autocrats seem to have learned from their predecessors, reflects on what might drive voters toward leaders with autocratic tendencies, considers what democratic societies can learn from the survival strategies of dictators, and contemplates how the resilience of free media could be strengthened in autocracies.
12.11.2024
Podcasts
The Authority of the EU Legislature: In Conversation with Martijn van den Brink
In June 2024, Martijn van den Brink’s monograph, Legislative Authority and Interpretation in the European Union was published by Oxford University Press. The book tackles deep conceptual issues about the EU legal order, and yet its insights are also relevant for some of the most pressing practical issues facing Europe today. Martijn van den Brink is an Assistant Professor of EU law at Maastricht University, and he has previously held positions at the Hertie School of Governance in Berlin, the University of Oxford. and the Max Planck Institute for the Study of Religious and Ethnic Diversity in Göttingen.
30.10.2024
Podcasts
Shadowing the European Commission on Rule of Law? In Conversation with Laurent Pech and Petra Bárd
The European Commission published its fifth annual Rule of Law Report in July 2024. In this RevDem Rule of Law podcast Oliver Garner discusses the effectiveness of this mechanism for upholding the EU's values with Professor Petra Bárd and Professor Laurent Pech. They have collaborated with the CEU Democracy Institute's rule of law clinic to produce a shadow report that will turn the lens back on the EU itself.
27.10.2024
Reine Populismuslehre in Vienna? The Victory of the ‘Freedom Party’ in the 2024 Austrian National Election
Austria’s far-right FPÖ has won the national elections. Will Vienna follow Budapest since 2010, Warsaw from 2015- 2023, and Rome since 2022 in a path towards backsliding on EU values? Oliver Garner and Matthew Haji-Michael reflect.
24.10.2024
Podcasts
Diana Dumitru on the Russian Invasion of Ukraine and the Question of Genocide
In this conversation at the Review of Democracy, Diana Dumitru – co-editor, with Dirk Moses, of the new collection The Russian Invasion of Ukraine. Victims, Perpetrators, Justice, and the Question of Genocide – discusses the motives of various Russian perpetrators in Ukraine and how those motives might have evolved over time; shows how useful the concept of genocide proves when studying the multifaceted violence unleashed during Russia’s war of aggression; reflects on whether the current debates around genocide in Ukraine might reshape or expanding our understanding of genocide and mass violence; and addresses the challenges in pursuing accountability for Russian crimes.
14.10.2024
Pro-Kremlin Disinformation Is Distorting Democracy in Central and Eastern Europe
In Central and Eastern Europe, democracy has been deliberately eroded by disinformation. There has been a troubling surge of pro-Kremlin messaging since 2021, with Hungary serving as a regional epicenter of state-sponsored mistruths.
8.10.2024
Interviews
Reforming Ukraine’s Judiciary – EU Accession, Democracy, and the Rule of Law: In Conversation with Tetyana Antsupova and Sergii Koziakov
In September 2024 the project “The Dynamics of the Judiciary in Ukraine in the Context of the Rule of Law and the EU Accession Aspirations” commenced. The project is hosted by the British Institute of International and Comparative Law (BIICL) and is funded by the British Academy. This written interview, conducted by Rule of Law section editor Oliver Garner with researchers in the project, explicates its objectives, scope, and aspirations. Professor Tetyana Antsupova is a Senior Fellow at BIICL and an awardee of the British Academy Global Professorships scheme. She is a former judge in the Grand Chamber of the Supreme Court in Ukraine, and she is the lead researcher in the project. Dr Sergii Koziakov is a Research Leader at BIICL, a Visiting Fellow at the London School of Economics and Political Science in the Law School, and an Associate Professor at the Taras Shevchenko National University of Kyiv in the Institute of International Relations. From 2014 to 2019, he was Chairman of [...]
2.10.2024
A Green-Powered Autocracy: How Serbia’s Lithium Reshapes the EU’s Values
As the EU races to secure lithium for its green transition, Serbia emerges as its key partner, securing economic benefits at a significant environmental and social cost. As Belgrade aligns more closely with Brussels and Berlin, critiques of its democratic backsliding fade, giving rise to a "greener" stabilitocracy.
29.08.2024
Podcasts
Populism in Power – A Conversation with Giorgos Venizelos
There's indeed a lot of confusion about populism, even though there's so much literature about it. Without going too deep in this heated debate, I should say that scholars agree that populism is organised around two notions: people- centrism and anti-elitism. Of course, there are very different approaches to these two operational criteria related to the people and the elite. For me, populist communication is not just about rhetoric, but also bodily gestures, accents and aesthetics that resemble, represent and enact ‘the people.’ When we talk about populism, we also talk about a certain logic, a certain style or performance. And it can also be said that populism operates with a political cleavage that is distinct from the typical left-right political cleavage – it's a cleavage between ‘the populists’ or ‘the people’ at the bottom and ‘the elite’ or ‘the anti-populists’ at the top. There is non-populist politics as well, of course, politics or discourses that do not have these [...]
14.08.2024
How Illiberal Memory Regimes Paved the Way for the Erosion of Academic Autonomy – Lessons from Hungary
Operating at the intersection between politics and academia, National Memory Institutes across Central and Eastern Europe have developed appealing and resonant narratives and produced a “thick” ideology. Their rise has helped normalize the erosion of autonomous, scholarly expertise in the name of an idealized national community.
7.08.2024
Podcasts
The Vehicle of Change is Always Politics – Sanjay Kumar on the 2024 Elections in India
In this conversation at the Review of Democracy, eminent psephologist and political analyst Sanjay Kumar discusses the recently concluded elections in India. Kumar weighs in on some of the unique features of the Indian elections in 2024, the emerging patterns of change, and what the election verdicts mean for democracy and politics in the Global South.
5.08.2024
Two Paths to Power – What Unites Giorgia Meloni and Viktor Orbán? What Separates Them?
Meloni and Orbán are often treated as closely comparable political actors. However, their trajectories are widely divergent, and this is reflected in their respective understanding of both domestic political action and international alliances.
2.08.2024
Navigating France’s New Political Era: Election Results and Their Implications
On Sunday 7 July 2024 at 20.00 pm, France – and a large part of EU Member States – welcomed the results of the second round of the legislative elections with immense relief: Marine Le Pen’s far-right party will not lead the second-largest economy in the EU for the coming years.
11.07.2024
Podcasts
Why Do We See the Rise of Anti-Democrats in Democracies? – Zack Beauchamp on the Reactionary Spirit Across the Globe
In this conversation at the Review of Democracy, Zack Beauchamp – author of the new book The Reactionary Spirit. How America’s Most Insidious Political Tradition Swept the World – discusses the specific kind of antidemocratic politics that emerges in countries with democratic institutions; shows how the United States might to said to have invented competitive authoritarianism; explains the conclusions he drew from comparing countries from different continents and how those conclusions may help us correct Western misperceptions; and reflects on the major intellectual inspirations behind his book.
10.07.2024
Podcasts
The Intellectual Sources of the EU’s Response to the Rule of Law Crisis: In Conversation with Maciej Krogel
This latest RevDem Rule of Law podcast discusses the doctoral research of Dr Maciej Krogel following the defence of his thesis “The intellectual sources of the European Union’s response to the rule of law crisis in the Member States”. Maciej is a lecturer at the University of Amsterdam and he completed a re:constitution fellowship in 2022/23.
4.07.2024
The European Union’s Hungary Problem
On July 1, 2024, Hungary will take over the rotating presidency of the Council of the European Union. The fact that a country with serious rule of law deficits will preside over one of the EU’s most important institutions for six months raises concerns. In a resolution in June 2023, the European Parliament questioned the extent to which Hungary could “credibly perform this task” and called on the European Council to “find an appropriate solution”—presumably by revoking Hungary’s presidency. (The European Council is the body of the 27 EU leaders; the Council of the European Union, informally also known as “the council,” is composed of the national ministers of all the member states; only the latter negotiates legislature, mostly with the European Parliament, and adopts it.)
1.07.2024
Venelin Ganev on Westsplaining Versus Eastsplaining
Voicing opinions to explain political tensions from afar is contentious for those treated as mute subjects. Focusing solely on distant, global decision-making disguises local complexity. Acknowledging the perspectives of East Europeans on Russian aggression and NATO membership helps liberate the oppressed and open up the debate.
26.06.2024
News
European Citizenship, Passport Apartheid and Enlargement: What Is the Future of the EU? – Professor Kochenov’s Approach
I stand with Raymond Aron: since citizenship is about exclusion, ‘global citizenship’ is an oxymoron – a dramatic misrepresentation of what citizenship is about. What I study is global citizenship apartheid. From this perspective citizenship is an arbitrary blood-based ascription of liabilities, which is totalitarian in nature and imposed on the majority of the population of the world. James Tully is right: citizenship is part of the colonizer package, because, historically, racialised inhabitants of the colonies could not enjoy the same rights as the ‘civilized’ white colonizers. What my scholarship suggests is that the current function of citizenship is to replay this kind of hierarchy of the ‘standards of civilization’ of pre-UN international law by denying dignity and rights to billions of individuals.
21.06.2024
Emergency in Slovakia
The climate of hostility in which the assassination attempt on Robert Fico took place has been a feature of Slovak politics for the past two decades. And Fico has played a decisive role in creating it. How the situation in Slovakia came about – and whether it will continue to deteriorate.
20.06.2024
A Decade of Rule of Law Backsliding: Lessons Learnt for the Next EU Legislative Period
For more than a decade, the European Union (EU) has witnessed a decay of the rule of law in some of its Member States, especially Hungary and Poland. The deliberate and systematic deconstruction of the rule of law and other pillars of democracy was particularly severe in Hungary and Poland. This backsliding quickly became a European matter as the EU is not only an economic alliance with free movement of goods, services and people, but also a legal union of values. Therefore, for safeguarding the rule of law, the behavioral aspects are as important as the systemic ones. Research suggests that press freedom, robust civic space, public support for democracy, and the compliance with the law of elected officials and decision-makers are as significant as pillars of rule of law resilience as a comprehensive constitutional design, independent judiciary, and a public administration that is free from political influence and corruption.
11.06.2024
Podcasts
Incremental Rule of Law Restoration? Polish Minister of Justice Adam Bodnar in Budapest
What are the most important legal and political challenges in rebuilding the Rule of Law in Poland? Polish Minister of Justice Adam Bodnar highlighted them in his lecture at the CEU Democracy Institute in Budapest. On May 27 the CEU Democracy Institute Rule of Law clinic was launched with an inaugural lecture from the Minister for Justice of Poland Adam Bodnar. The event provided a unique opportunity to hear a sitting member of an anti-illiberal government explain how the Rule of Law will be restored after nearly a decade of backsliding under the previous government. The key theme of the lecture was the endorsement of incrementalism over revolution as a means to rebuild a ‘sustainable’ Rule of Law.
7.06.2024
Fading Hopes for Change – Bulgaria and Romania
In Bulgaria and Romania, the EP elections coincide with national elections. Interminable political instability, corruption and socioeconomic tensions all contribute to voter fatigue. With the far right in the ascendant, 9 June could be a watershed.
6.06.2024
Podcasts
Democracy, Populism, and the Myth of Rational Politics – In Conversation with Yannis Stavrakakis
In this conversation with Lorena Drakula, Yannis Stavrakakis – author of the new Research Handbook on Populism and the book Populist Discourse. Recasting Populism Research – discusses the past and future of populism research; analyzes the outdated stereotypes that shape the political role of the ‘populist’ label; and argues for returning passions to the very core of democratic representation. Yannis Stavrakakis is a Professor of Political Science at the Aristotle University of Thessaloniki and director of the Laboratory for the Study of Democracy. He was one of the founding co-conveners of the Populism Specialist Group of the Political Studies Association (UK) and also directed the POPULISMUS Observatory.
31.05.2024
Podcasts
Why Have Color Revolutions Become Much Less Likely? – Mike Smeltzer Reflects on De-Democratization, Promising Developments, and Urgent Tasks
In this conversation at the Review of Democracy, Mike Smeltzer – Senior Research Analyst at Freedom House who has just co-led the research on the Nations in Transit 2024 report – clarifies how the research they conduct into the broad and diverse post-communist region conceives of democracy; explains how the newest developments in these twenty-nine countries can be related to long-term trends and how these countries may fit broader patterns; discusses what autocratizing hybrid regimes – such as Georgia, Hungary, or Serbia – have in common and how autocracies help each other these days; and reflects on the most positive developments and urgent tasks for democrats.
30.05.2024
Catalonia Is Not Just for the Right – A Conversation with Benet Salellas
In this new conversation at the Review of Democracy, Catalan independence activist and lawyer Benet Salellas reflects on the concept of catalanisme and discusses progressive arguments in favor of amnesty for Catalan activists.
15.05.2024
Learning to Belong-On Ukraine’s Path to the European Union
I was born in the Soviet Union right before its collapse. As I was only 1 year old when Ukraine became independent, I do not remember that ‘super state,’ though my birth certificate will always remind me of it. At the time of my birth, my parents could not even imagine that their daughter would get the opportunity to live abroad and do so in five different countries, four of them outside the boundaries of the then still existing Warsaw Pact, in what was then referred to as the ‘rotten, bourgeois, capitalist West.’ As a teenager, I became more interested and aware of the political situation in Europe and its implications for Ukraine. The year 2004, when I was 14, was full of important events and developments in the European Union as well as Ukraine. It was the year of the biggest EU enlargement, which included many countries that used to be in the ‘sphere of influence’ of the former USSR. The EU expanded and Ukraine became a country bordering the EU.
6.05.2024
Podcasts
The presidential subversion of the Mexican judiciary: In conversation with Azul A. Aguiar Aguilar
I wanted to explore how the dynamics of attacks from the President on the judiciary are evolving and what are the causes, conditions, and the timing of these rhetorical attacks. I wanted to explore this because the judiciary is an important institution in presidential and constitutional democracies as it guarantees the separation of powers and checks and balances. I wanted to study this and put it into a research program because, since the arrival of our current President Andrés Manuel Lopez Obrador in 2018, we have seen variations in how the president refers to the judges and constitutional judges in the judiciary. I started my discussion in the working paper from the 1994 judicial reform. This reform is very important for us because it radically transformed the performance of the judiciary. The 1994 reform introduced judicial independence for the courts and a professional system of judges. But the most important change in this reform was that it empowered the courts through a [...]
22.04.2024
Podcasts
Weaken Constitutional Review, Strengthen European Democracy – In Conversation with Nik de Boer
Are constitutional judges well equipped to deal with fundamental constitutional questions about the EU? Should national constitutional courts aim to address the EU democratic deficit? Several scholars see national constitutional courts as a constructive force in the EU legal order. Nik de Boer argues differently, and reasons why is it better to leave certain issues to parliaments rather than constitutional courts? In this conversation with Kasia Krzyżanowska, Nik de Boer discusses his recent book “Judging European Democracy. The Role and Legitimacy of National Constitutional Courts in the EU” (Oxford University Press 2023). The transcript was amended to improve readability and clarity.
9.04.2024
News
Pakistan’s elections and its implications
Pakistan held a controversial election on 8 February 2024. It is only now, a month later, that we have some clarity as to the results of that election and on the formation of the government. After a week of negotiations, a consensus has been reached as of 21 February between the Pakistan Muslim League-Nawaz (PMLN) and the Pakistan People’s Party (PPP) to share power along with their allies. However, the Pakistan Tehreek-e-Insaaf (PTI) and other smaller parties continue to challenge the results of the election even as they seem to prepare to sit in opposition. Though a new coalition government is now emerging, the events both before and since the election must be understood in light of the cyclical nature of politicking in Pakistan’s hybrid regime. Persistent interference in political, judicial, administrative and economic processes by the military establishment has hamstrung parties and politicians, politicised the judiciary, and hindered economic development.
11.03.2024
Podcasts
Militant Rule of Law and Not-So-Bad Law: in conversation with András Sajó
The question of how to reverse illiberal backsliding after regime change is becoming live within Europe and beyond. This Rule of Law section podcast between Oliver Garner and András Sajó (Professor at the Central European University and Senior Research Fellow at the CEU Democracy Institute) considers this dilemma through the recently published lens of the CEU DI working paper ‘Militant Rule of Law and Not-So-Bad Law’.
28.02.2024
News
The Provisional Measures Order in South Africa v. Israel: A Closer Look at the ICJ Bench
On Friday, 26 January, the International Court of Justice (ICJ) indicated six provisional measures in the case South Africa brought against Israel under the Genocide Convention. The highly-anticipated Provisional Measures Order has already been helpfully analyzed in various places (see, for example, here and here). Rather than attempting to add to substantive analyses of the Order, in this post, I will analyze the Order by giving it context from a different perspective: that from the bench. While the voting pattern suggests a very high level of agreement, the individual expressions of judges highlight why the Court prioritized this high level of agreement. The individual opinions shed light on the reasons why judges voted in favour of (or against) the provisional measures, but the opinions also reveal that South Africa will face a high threshold should the case reach the merits stage.
15.02.2024
Book Reviews
RevDem Top 5 Rule of Law Books of 2023 -Recommended by Oliver Garner, editor RevDem Rule of Law section
By the end of each year our editors recommend outstanding readings in their field. This is the list of the top five books recommended in the rule of law section.
19.12.2023
Podcasts
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
News
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
News
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
News
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
Podcasts
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
News
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
News
From democracy to authoritarian capitalism
In this op-ed, Gábor Scheiring explores the latest Freedom House Nations in Transit Report, its implications for Hungary, and how the report only reveals the tip of the iceberg of the democratic backsliding in Hungary.
16.06.2023
News
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
Podcasts
Constitutional Conflicts are Inevitable: In Conversation with Orlando Scarcello
In this conversation with RevDem editor Kasia Krzyżanowska, Orlando Scarcello discusses his newest book Radical Constitutional Pluralism in Europe (Routledge 2022). He elaborates on the descriptive nature of the theory of constitutional pluralism, stresses the inevitability of constitutional conflicts in the EU, and ponders on the political side of these conflicts. Orlando Scarcello —a postdoctoral fellow at Institute for European Law, KU Leuven. His research fields are EU law and comparative constitutional law. Kasia Krzyżanowska: What is the concept of radical constitutional pluralism? What are the alternative versions of conceptualizing the relationship between the EU legal order and domestic legal orders? Finally, why do you think that radical pluralism is the best framework for understanding the experience of living under two constitutions? Orlando Scarcello: Here we have a bit of a conundrum. The member states of the European Union clearly have their own constitutions, and [...]
31.05.2023
Interviews
Accession Through War? Ukraine and the EU: In Conversation with Roman Petrov
In this podcast, Oliver Garner speaks to Professor Roman Petrov on this subject of “accession through war”. Professor Petrov is the Jean Monney Chair in EU Law and Head of the Centre of Excellence in EU Studies at the National University of Kyiv-Mohyla Academy. He is currently a British Academy Research Fellow at the British Institute of International and Comparative Law.
23.05.2023
News
Helsinki in Budapest: In Conversation with András Kádár and Márta Pardavi
In the latest RevDem Rule of Law podcast Oliver Garner discusses the work of the Hungarian Helsinki Committee. András Kádár is an attorney at law and co-chair of the Committee. Amongst other engagements and positions he is the Hungarian member of the European Network of Legal Experts in the Non-Discrimination field. Márta Pardavi is the other co-chair of the Committee and she also co-leads the Recharging Advocacy for Rights in Europe (RARE) program. Previously, she has been a policy leader fellow at the EUI School of Transnational Governance in Florence.
3.05.2023
Podcasts
Illiberalism in Israel? The Protests against Judicial Reform: In Conversation with Adam Shinar
In this podcast, Assistant Editor of the Rule of Law section Teodora Miljojkovic discusses the reforms with Professor Adam Shinar, Associate Professor at Harry Radzyner Law School, Reichman University. Professor Shinar is a member of the Board of Directors of the Association for Civil Rights in Israel, and he is an academic advisory board member of the Israel Supreme Court Project at Cardozo Law School, Yeshiva University.
28.04.2023
News
“A Pandemic of Populists”: RevDem online book discussion
On 28 March the Review of Democracy hosted an online debate on "A Pandemic of Populists" (CUP, 2022) by Wojciech Sadurski (University of Sydney). Hosted by CEU Democracy Institute Workgroup Lead Researcher Dimitry Kochenov, the debate brought together perspectives from Barbara Grabowska-Moroz (CEU), Zuzana Vikarská (Masaryk University), and Thiago Amparo (FGV Sao Paulo Law School).
14.04.2023
Rule of law and the structural inequalities of the European project: Europe and its dissenting peripheries
In this op-ed by Peter Agha, PhD, he argues for a different analysis of the current trouble with Europe, one which starts from the recognition of the irregularity of the rule of law policies and highlights how the clashes between the populist movements and the rule of law doctrine reflect the structural inequalities of the European project. This important aspect is often neglected because of the way we currently frame the discussions – as “the rule of law crisis”. As a result of this, our debates focus on juridical arrangements, whereas the distributional consequences of the EU and the role the legal structure plays in its maintenance remain (almost) invisible.
31.03.2023
Constitutionalism — An Opium for the Lawyers
In this conversation with Kasia Krzyżanowska, Martin Loughlin discusses his newest book Against Constitutionalism (Harvard University Press 2022).
15.03.2023
Cautious Celebration over Compelled Retreat on Foreign Agent Law in Georgia
Mariam Begadze provides recent updates and context on the Georgian Law on Agents of Foreign Influence, which lawmakers from the ruling Georgian Dream party yesterday pledged to unconditionally withdraw following intense protests.
10.03.2023
Interviews
In conversation with Jakub Jaraczewski: The European Commission’s latest action against Poland and Hungary
In this latest RevDem Rule of Law podcast, Oliver Garner speaks to Jakub Jaraczewski about the European Commission’s latest actions to defend the EU’s values against backsliding Member States. Jakub is a Research Coordinator at Democracy Reporting International, a Berlin based NGO, and one of the coordinators of the “re:constitution” programme.
3.03.2023
In Conversation with Anna Wójcik: 2023 – The 8th Season of the Poland Rule of Law Telenovela
In autumn 2023, Polish parliamentary elections will take place 8 years after the Law and Justice Party came to power and the “Rule of Law crisis” with the EU commenced. In this first RevDem Rule of Law podcast of the year our editor Oliver Garner discusses the “8th season of the Polish telenovela” with Dr. Anna Wójcik.
26.01.2023
Podcasts
Illiberalism and Gender in Post-communist Europe
The podcast is based on the conference and the special issue of Politics and Governance, No. 3 in 2022 edited by Matthijs Bogaards (CEU Department of Political Science, CEU Democracy Institute) and Andrea Pető (CEU Department of Gender Studies, CEU Democracy Institute).
24.01.2023
News
The Hungarian Government Became Hostage of Its Own Propaganda
In this conversation with RevDem Editor Robert Nemeth, Hungarian journalist Szabolcs Panyi talks about the Hungarian government’s response to the war in Ukraine, why it is not willing to counter Russian infiltration in Hungary, the reasons behind the anti-US sentiment of Prime Minister Viktor Orban and his inner circle, and anti-Western propaganda in Hungary. He also discusses how being targeted by the Pegasus spyware impacted him.
16.12.2022
RevDem Debate | Rainbow Families in the EU: Obstacles to Full Equality
Alina Tryfonidou (Neapolis University Paphos) presented the main points of her work on the obstacles that rainbow families face on the road to equality in the European Union. The presentation was followed by comments from Ivana Isailović (University of Amsterdam) and Dimitra Kochenov (Central European University), who also chaired the debate.
24.11.2022
The (Re)making of Constitutional Democracy? In conversation with Paolo Sandro
In this latest RevDem Rule of Law section podcast, Oliver Garner speaks to Paolo Sandro, Lecturer in Law at the University of Leeds. Sandro’s recently published monograph The Making of Constitutional Democracy: From Creation to Application of Law (Hart Publishing, 2022) confronts the topic from a legal theoretical perspective. Their conversation considers the practical application of his work and the theme of (re)making constitutional democracy following recent significant events in Europe.
15.10.2022
Ramona Coman on the emergence of the EU’s rule of law policy shaped by growing dissensus
In this discussion with Ramona Coman by RevDem managing editor Michał Matlak, they discuss the questions addressed in her recent book "The Politics of the Rule of Law in the EU Polity: Actors, Tools and Challenges" (Palgrave 2022), including the difference between liberal and anti-liberal ideas, and how "dissensus shapes the EU’s rule of law policy and tools."
14.10.2022
Belated Retribution: Polish Lustration After 2015
The transitional justice measures introduced by PiS are not only at odds both with the Polish Constitution and the European Convention on Human Rights, but are also a worrying sign of a departure from the model of inclusive democracy.
10.10.2022
“Vacanze Romane” for the EU’s Values Crisis?
In his latest op-ed, RevDem editor Oliver Garner analyzes the Italian election results and their implications not only for Italy, but also for the European Union.
30.09.2022
Book Reviews
A Crafted Gem: Giuseppe Martinico reviews ‘Anti-Constitutional Populism’
A review by Giuseppe Martinico of a book Anti-Constitutional Populism edited by M, Krygier, A. Czarnota, W. Sadurski (Cambridge University Press 2022)
6.09.2022
Ghostwriting the European Union — In Conversation with Tommaso Pavone
In a conversation with our editor Kasia Krzyżanowska, professor Tommaso Pavone discusses his newly published book The Ghostwriters. Lawyers and the Politics behind the Judicial Construction of Europe [CUP 2022].
14.06.2022
The State of the Rule of Law in the USA and the EU: In Conversation with Niels Kirst
In this interview for the Rule of Law section, RevDem Editor Oliver Garner converses with Niels Kirst about the state of the Rule of Law in the USA and the EU.
3.06.2022
Re-establishing the Epistemological Foundations of EU Law: In Conversation with Renáta Uitz
Oliver Garner interviews Renáta Uitz, Co-Director of the CEU Democracy Institute and Co-Editor-in-Chief of RevDem, on the distinct but interconnected roles of the European Parliament and the Court of Justice in combatting the Rule of Law crisis.
26.05.2022
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
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
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
Book review: Giuseppe Martinico, Filtering Populist Claims to Fight Populism: The Italian Case in Comparative Perspective (CUP 2021)
Julian Scholtes, a lecturer in EU and Public Law at Newcastle University, reviews "Filtering Populist Claims to Fight Populism: The Italian Case in Comparative Perspective" by Giuseppe Martinico, "a wonderfully written in-depth analysis of the constitutional dimensions of populism in Italy."
12.04.2022
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
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
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
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
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
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
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
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
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
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
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
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
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
Podcasts
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
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
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
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
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
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 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
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
Videos
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
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
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 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
