Repasi vs Plaumann - An Individual MEP’s standing before the EU Courts

  • Law

On 10 October 2022 MEP René Repasi lodged an action for annulment against the complementary taxonomy delegated regulation 2022/1214. The same regulation is also challenged by Austria, a privileged applicant under Article 263 TFEU. As a result, the General Court will in any event be required to verify whether the Commission has respected the limits to its delegated powers under Article 290 TFEU. 

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The EU’s race to the bottom on asylum seekers’ rights

  • Law

Throughout the EU, the rights of asylum seekers come under pressure. Overdue policy changes remain stuck in negotiations because of lacking political will. It is up to the European Commission to step up and protect the fundamental rights of asylum seekers.

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How do the Dutch deal with their colonial past?

  • Law

The debate on the implications of Dutch colonial rule in Indonesia recently intensified after a report concluded that the Dutch forces had used extreme violence. Reactions to the report reveal that the issue remains controversial and challenging to discuss. The findings in the report do however raise many legal questions that so far have remained unaddressed. There is thus an important role for legal scholars to move the discussion forward.

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Why banning Russian tourists from Schengen might not be unlawful

  • Law

Recently, politicians in different EU countries have suggested barring Russian tourists from visiting the EU (see reporting here and here). Such a ban would be in retaliation for the war waged by Russia against Ukraine. From a legal perspective, these suggestions raise the interesting question whether such a blanket ban would be lawful. A recent post for Verfassungsblog makes the claim that a ban would simply be unlawful.

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Good intentions and detours on the road to diversity

  • Law

Frank Dobbin and Alexandra Kalev’s new book, Getting to Diversity, offers data-backed evidence to substantiate what I have long suspected to be true: Many diversity and inclusivity trainings (e.g. mandatory implicit bias training, active allyship training, etc.) not only have little to no effect, but they may be detrimental to actually achieving D&I goals. Dobbin and Kalev’s latest work is specific to American businesses and D&I initiatives that mostly target management, but it appears that there is now an emerging consensus among academics that this may be the case in other contexts too.

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Providing a voice to the upcoming generation facing the challenges of environmental law

  • Law

Today it has become impossible for one single person to master the whole field of environmental law, given its complexity and dynamic developments. Indeed, with the increasing manifestation of environmental crisis, law, being a powerful tool to address polluting behaviour, has become utterly complex.

The technique of academic research: on research lines and second brains

  • Law

An important part of becoming a fully-fledged academic is the development and curation of a research line. A research line is the main research topic and the thread throughout (large parts of) a career. It could be law and technology in private law, globalisation in public law, human rights in criminal law, sustainability, or anything else.

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The fragility of the familiar: how Boris Johnson exposed the tenuous nature of the UK Constitution

  • Law

“Life happens when you are busy making plans”, John Lennon once said. To his chagrin, Boris Johnson, who was counting on winning a third term (despite only being two years into his first), realized that Lennon certainly had a point there. What we witnessed in frenzied television reports from London was both the normality and the abnormality of politics.

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Digital constitutionalism reversed? - instrumentalising Big Tech for democratic change

  • Law

The horrendous military activities of Russia in Ukraine have caused a severe backlash from tech giants. YouTube clamped down on Kremlin-backed channels for spreading war propaganda. Meta allowed its users to wish death to Russian armed forces. On top of that, Twitter is constantly policing tweets by Russian embassies denying the invasion.

Manannikov v. Russia: the final nail in the coffin of political dissent?

  • Law

24 February marked a turning point in modern history: Russia barbarously attacked Ukraine. Apart from other drastic implications, including the expulsion of Russia from the Council of Europe, the war set off a new wave of political repression within a country.