The Court of Justice of the European Union, ultima ratio for saving the independence of the judges in Romania – a commentary of the CJEU preliminary ruling in C‑83/19, C‑127/19, C‑195/19, C‑291/19 and C‑355/19 and C‑397/19, AFJR and others

Introduction On 18th of May 2021, the European Court of Justice (ECJ) delivered a long awaited judgment in the so-called Romanian rule of law preliminary references (Opinion 1 and Opinion 2 of AG Bobek was delivered 8 months earlier). These references offered the Court the opportunity to comprehensively assess for the first time the multi-prong […]

Illiberalism as a Symptom. Reading ‘The End of the Liberal Mind’

The Greek word krísis originally has meant ‘the turning point in a disease’. In this reading, crisis indicates a decisive moment, a point of revelation of ‘the real’, when a profound change, for good or for worse, is anticipated. Hence, while speaking about the current crisis of liberal democracy, we wait for the outcome and […]

Striking While the Iron is Hot: A Guide to a Second Scottish Independence Referendum for the Confused

Boris Johnson will reportedly head to Scotland this week in order to demonstrate the benefits of the British union. His visit is likely triggered by the 11 point ‘roadmap’ unveiled on Sunday by the Scottish National Party (SNP) to hold another independence referendum, should they win the Scottish Parliamentary elections in May. While Mr Johnson has a relatively straightforward […]

Constitutionally Shameful Judgement in Bad Faith (Abortion Case Before the Polish Constitutional Tribunal)

Mini-symposium: Constitutional abortion politics in Poland Following our recent online discussion on the abortion judgement of the Polish Constitutional Tribunal and on its legal, political and societal implications, we invite you to read contributions addressing some of the complexities of this topic. In the forthcoming weeks we will publish blogposts written by the invited legal […]

A Matter of Content, not the Dilemma of Form. A Response to András Jakab and Wojciech Sadurski

The recent discussion between András Jakab and Wojciech Sadurski concerns the role and the possible moral dilemmas of a constitutional scholar and teacher in ‘autocratizing regimes’. However, the unexpressed experience behind the views is the dramatic passage of Hungary and Poland from a position of liberal democratic champions to the vanguard of illiberalism in the […]