On 14 and 15 November 2022, UM’s Faculty of Law held the “Logic of International Law Conference.” Henrique Marcos (UM & São Paulo Univ.) and Antonia Waltermann (UM) organised the conference under the auspices of the Globalization and Law Network (GLaw-Net) and the International Law Discussion Group...
Breath in, breath out. Yes, the judgment of the (unlawfully composed) Polish Constitutional Tribunal is a serious challenge to the European Union’s legal system and to the principle of primacy of EU law. No, Poland has not activated the process of withdrawal from the EU under Article 50 TEU. Yes, EU...
Sovereignty is invoked in many discussions today, from Brexit to Catalan independence, but it is rarely clear what, exactly, those who invoke sovereignty mean by it. For the purposes of understanding, analyzing, and understanding legal phenomena, however, a more precise understanding is necessary.
What does sovereignty mean in today’s world, given trends of globalisation, Europeanisation and also polarisation?
There is wide agreement that the EU has not been effective in dealing with what I would define here as values’ awkwardness, cases in which EU Member States threaten the rule of law and the other common values of the European project. The obvious reference is in this respect to Hungary and Poland...
After the recent adoption of controversial measures affecting the independence of the judiciary, the Commission has decided for the first time in history to activate Article 7(1) TEU against Poland. This groundbreaking decision opens a wholly new phase in the Polish crisis and has a broader impact...
The wishes of the Spanish government and those of the Catalan people are diametrically opposed: 90% of voters in the referendum were for independence - but keep in mind also that only about half of the Catalan people voted.
This second post critically analyzes the decision of the Court, arguing that it is quite unconvincing from different perspectives.
On March 7, 2017, the CJEU concluded that EU law does not oblige Member States to issue humanitarian visa to Syrian individuals and families seeking international protection. Despite the humanitarian disaster in Syria, safe legal routes to Europe remain a mirage.
Do the people still have power? Some might feel forgotten and turn to populism promising to give the country back to them. But popular sovereignty is not dead.
