Rules 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.
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.
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.
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 [...]
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.
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.
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.
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.
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 [...]
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.
Informal Power in Hungary and Poland: In Conversation with Edit Zgut-Przybylska
Formal Rule of Law backsliding in Hungary and Poland has been well-publicized. Yet this is just the tip of the iceberg of a system of informal power connections that are undermining the Rule of Law and democracy. In this RevDem Rule of Law podcast Oliver Garner discusses this informal power with Edit Zgut-Przybylska.
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.
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.
“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).
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.
Constitutionalism — An Opium for the Lawyers
In this conversation with Kasia Krzyżanowska, Martin Loughlin discusses his newest book Against Constitutionalism (Harvard University Press 2022).
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.
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.
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.
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).
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.
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.
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.
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."
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.
“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.
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)
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].
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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”
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.
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’
Krygier: Institutionalizing and Deinstitutionalizing the Rule of Law
Martin Krygier on how to understand the rule of law crisis from a teleological perspective.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.