Montesquieu Institute

Since the educational spaces in our faculty have all been named, we would like to tell about the background of the elected jurists and cases. Through a series of blogs we want to make the names come to life and show that our building houses a legal faculty. After all, not everyone knows all the ins and outs of these persons and cases. What makes them so special? Several colleagues will talk about these individuals and cases in the coming months. In this second edition you can read all about Montesquieu.

The recent verdict (“the PSPP judgment”) of the German Federal Constitutional Court (“FCC”) on the compatibility of the Public Sector Purchase Programme (“the Programme”) under the management of the European Central Bank (“ECB”) has attracted plenty of commentary, much of it critical concerning the reasoning of the judgment. The following contribution shall attempt to contextualize the PSPP judgment in the framework of the FCC’s historical jurisprudence and seek to gain an initial understanding whether the judgment does indeed represent a threat to the legal order of the European Union (“EU”).

On Tuesday, 7 April the Dutch Eerste Kamer approved an urgent bill digital decision-making for local authorities, de spoedwet digitale besluitvorming. The law ensures that municipal councils, provincial states, water boards as well as island councils will be able to take decisions digitally for as long as they cannot meet during the Corona crisis (it now applies until September, with a possible extension). The law does not, however, provide for possibility of digital decision-making for the national parliament in the Netherlands, i.e. the Tweede Kamer and Eerste Kamer. Both chambers still meet in person, though plenary sessions have been scratched from the agenda save for the most urgent ones relating to Covid-19.

The current pandemic caused by the Corona virus has had a decisive impact to all areas of life: from moving school and University education online, to shutting down non-essential businesses while a range of emergency measures were adopted throughout the world for those finding themselves unemployed as a result, to global travel restrictions and the closing of national borders even within the Schengen area, there is hardly any area has not been affected by the outbreak.

Monday, 9 March 2020 marked the 100th day in office of the new European Commission under President Von der Leyen. The Commission had promised to deliver a number of priorities set out in the President’s Political Guidelines by this self-imposed deadline – priorities that, however, do not include any clear strategy on how to strengthen parliamentary democracy in Europe.

On 1^st July 2020 Germany will for the first time in 13 years again take over the rotating six-months Presidency of the Council of the EU – and with the Presidency come high hopes that a Member State with the political weight and capacities such as Germany will be able to significantly push forward the political agenda on EU level.

With Prime Minister Boris Johnson facing stiff opposition to his signature Brexit policy, he suffers a momentous defeat in the United Kingdom Supreme Court. How did it happen? What was the reasoning of the judges, and what are the implications of the verdict?

Een levende cursus constitutioneel recht en tevens een Shakespeareaans drama of Griekse tragedie. Dat is het schouwspel in het Verenigd (of: Verdeeld) Koninkrijk. 

Britain gets a hard-fought extension, with incalculable consequences.

With options running out before the United Kingdom faces yet another critical deadline, Prime Minister Theresa May tries one last (desperate) gamble to “save Brexit” – reaching out to the Labour Party. Will it be successful? Which are the options remaining on the table? What could happen next? Here’s a handy guide to the days ahead, in a question-and-answer format.

Staying just a little bit longer? Or for good?

Summary: With the European Council throwing a lifeline to the United Kingdom, all options are back on the table. Rather than taking back control, the United Kingdom now finds itself dependent on the remainder of the European Union – with the absence of professionalism not endearing the British government to its colleagues. Meanwhile, the Prime Minister increasingly looks like a follower of events, not their driver.

(Picture: Flickr)

With merely two weeks before the United Kingdom’s scheduled withdrawal from the European Union, Westminster still does not know what it wants and where it wishes to go.

The Italian Senate committee tasked with advising the Senate on the lifting of immunities , voted to block an investigation against Deputy Prime Minister Matteo Salvini over his decision to hold over 150 migrants on board a ship for five days. This vote was preceded by an internet consultation called by the 5 Star Movement party leaders through the Movement’s online platform. This episode shows a trend towards an abuse of the tool of direct democracy, which creates a worrisome vulnus to the Italian constitutional set up and the principle of the rule of law.

In the hour of need, the United Kingdom is saddled with elected officials who fail to match the moment.

Not in the mood for a deal: The Houses of Parliament in Westminster.

Is it legally possible for Trump to invoke an emergency in order to avoid Congress and obtain the necessary funds to build his wall? Or put differently: is it possible under US law to undo the refusal of Congress to appropriate the necessary funds?

Theresa May’s favoured Brexit deal is finished. The question remains when the Prime Minister will finally be prevailed upon to understand this reality – and when Parliament will finally take charge of the process.