Archive for ‘EU’

Populism and Constitutionalism in East-Central Europe

Populism and Constitutionalism in East-Central Europe

By Gábor Halmai.

The recent deviations from the shared values of constitutionalism towards a kind of “populist, illiberal constitutionalism” in East-Central Europe raise the theoretical questions: are populism and illiberalism what the leaders of these backsliding states proud of, reconcilable with constitutionalism? I shall concentrate on a particular version of populism, which is nationalist and illiberal, and mainly present in Hungary and Poland, and in other countries of the region. Most are also members of the European Union, a valued community based on liberal democratic constitutionalism.  The arguments set forth below about East-Central European populist constitutionalism in this paper do not necessarily apply to other parts of Europe (Greece and Spain), Latin-America (Bolivia), or the US, where populism has a different character, and its relationship to constitutionalism is distinct from the Hungarian or the Polish variant. […]

Catalonia’s Independence: Much Worse than Hard Brexit

Catalonia’s Independence: Much Worse than Hard Brexit

By Jose M. de Areilza.

Any decision to leave the European Union carries enormous costs, as witnessed during the current difficult Brexit negotiations. In the United Kingdom, more than a year after the referendum, EU skeptics within both the Conservative and Labor parties have lost the battle against those in favor of maintaining the closest possible ties with the European Union. In time, I believe that many British citizens will demand a second referendum on EU membership out of a desire to avoid exit, right up to the final moments of negotiations next March. […]

Circumventing International Law:  The EU’s Responsibility for Rights of Migrants Returned to Libya Under Operation Sophia

Circumventing International Law: The EU’s Responsibility for Rights of Migrants Returned to Libya Under Operation Sophia

By Victoria Jensen.

From January to October 2016, nearly 160,000 refugees crossed the Mediterranean to Italy. In response to the smuggling and trafficking across the Mediterranean, the European Union created Operation Sophia. However, Operation Sophia has resulted in migrant and refugee boats being intercepted by the Libyan Coast Guard and being returned to Libya. Through the Operation Sophia training program, the EU has effectively delegated European border control to the Libyan Coast Guard. This practice allows the EU to evade both their duty of non-refoulement and duty to rescue distressed persons at sea. The EU has trained Libyans to conduct actions which the EU could not legally accomplish itself under international law, and is therefore violating international human rights law by aiding and assisting Libya’s wrongful actions. […]

Freedom of Movement: the Right to Leave Permanently and the Right to Leave Temporarily

Freedom of Movement: the Right to Leave Permanently and the Right to Leave Temporarily

By Lauren Gillespie.

Man is a migrant species. With modern technology, emigration has lost its permanency, and people ebb and flow through borders. And today states struggle to control the movement of humanity across borders while respecting the right to freedom of movement. In this article, I argue that the international law community split freedom of movement into two distinct rights: namely, the right to leave permanently and the right to leave temporarily. […]