The paper observes the events of 2015 – 2017 when large numbers of refugees traveled through the countries in SE Europe. It focuses on the reactions of the states along the ‘Balkan route‘ to the large numbers of arrivals: the creation of a ‘humanitarian corridor‘, a mode of transportation through the territory of a country...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
Renewing a Court: Consequences for Judicial Decision Making and Identity
Over the course of the next five years, no less than 9 out of 12 judges on the Belgian Constitutional Court will have to be replaced because of mandatory retirement. As it stands, the law provides that half of the judges are former politicians, who, theoretically, need not even be lawyers. Of the other half,...
Sexual Orientation and Gender Identity in 193 Constitutions: Progress and Retrenchment on Equal Rights
Recent years have witnessed a wave of progress on equal rights on the basis of sexual orientation and gender identity (SOGI) in the courts and legislatures. Twenty-two countries now permit same-sex marriage, while 72 prohibit discrimination against gay and lesbian employees. At the same time, 71 countries still criminalize same-sex relationships , including some countries...
Shades of Constitutions and Constitutionalism as a 3-Dimensional Concept: National, Post-National and Co-owned Elements
There are national constitutional examples that are so diverse in origin, character and scope as to create a constitutional spectrum consisting of shades of constitutionalism. What unities those diverse constitutional examples is the adherence to certain specific principles.Constitutional normativity is challenged by the supranational example. In addition, there is the complementing dimension of influencing the...
Separation of Powers in the Banking Union
This paper explores the horizontal and vertical separation of powers in the Banking Union in the light of fundamental principles of Union law. Regarding the vertical separation of powers, the allocation of supervisory powers to the ECB might lead to conflicting policy objectives between supervision and monetary policy, and supervision and restructuring. Yet, a different...
Security challenges and public law – lessons learned from Hungary
This paper collects lessons learned from Hungary concerning security challenges. The populist rhetoric, the non-transparent functioning of the state can legally and politically legitimize governmental actions that are detrimental to democracy (referenda, billboard campaigns, popular consultations) and the rule of law (unconstitutional emergency situation), and are also potentially restrictive to fundamental rights. Rules on emergencies...
Temporary Judicial Officers: Best Practice in Comparative Perspective
The appointment of Temporary Judicial Officers can arouse strong opinions. In Australia, Justice Kirby of the High Court has asserted that the ‘time has come … to draw a line and forbid the practice‘. At the same time, most jurisdictions recognise the need for such appointments to assist the courts in significant ways. In this...
The Algorithmic Governance of Administrative Decision-Making: Towards an Integrated European Framework for Public Accountability
The emergence of networks made up by both public and private entities governing sensitive decisions about the allocation of public services requires a deep rethinking of the traditional notions of public accountability. This study‘s assumption is that in the era of algorithmic administrative decision-making governments‘ accountability is intrinsically connected to the transparency of companies‘ processing...
Substantive Inequality and Discrimination as the Irrational Distribution of a Benefit: A Rehabilitation
This paper attempts to give new life to a conception of the rights to equality and non-discrimination —often misleadingly called ‘formal‘ and currently less fashionable— built around irrationality in the distribution of a benefit. To be clear, this is both a conception of ‘substantive inequality‘ and discrimination. First, the paper outlines the philosophical picture of...
Student Ability, Tracking and Discrimination
Over the years, the concept of discrimination and the legal doctrines that protect it, have widened and additional classifications and actions have been recognized as constituting discrimination. This paper explores yet another new category, student ability, and argues that tracking students according to their ability is discriminatory. The analysis in the paper is both philosophical...