The EU under Transnational Law – A Pluralist Appraisal

The past decade has been one of the most turbulent times in the process of European integration. In this period, the European Union has risen to the stars and fallen back from the heavens. The beginning of the new millennium was marked by enviable achievements. The EU carried out a successful enlargement to the East. It adopted a single currency and experienced a boom in economic growth. The objective, laid down in the Lisbon strategy, was to make the EU “the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion.” This goal ought to have been met by 2020. However, the developments taking place since 2000 have made the attainment of this objective anything but possible. Rather than becoming the leading economy in the world, since 2009 the EU has been in permanent economic crisis. And, while the crisis has been tamed, it is far from resolved. Its consequences for the most affected member states in the South and in the East have been grave. They have shaken up the foundations of the well-ordered societies that these member states have at least tried or pretended to be. Continue reading

Can the European Union Save the Independent Judges?

By the time of the “big bang” accession in 2004, when ten new member states entered the European Union, it seemed that the fate of East-Central Europe was settled. From that time forward, these states were certified as democracies in good standing. But before the first decade was out on the accession, it became painfully clear that a consolidated democracy could come unraveled. Hungary’s constitutional system began imploding shortly after 2010 and in 2015 Poland began a short, sharp slide toward autocracy. In Hungary and Poland, parties with autocratically inclined leaders were voted into power. Both Viktor Orbán and Jarosław Kaczyński lied about their revolutionary ambitions before they were elected. Once in office, both began attacking judiciaries which were poised to hold them to account under the democratic constitutions they inherited. Continue reading

Traits of Authoritarianism in Global Governance

The concept of global governance is commonly associated with the redeeming virtue of a pluralization of political authority beyond the nation state which has gained prominence in the second half of the 20th century. International law is cheered for imposing limits on the otherwise unfettered state voluntarism for which the ‘Westphalian’ state system has been notorious. Continue reading

Europe’s Area of Freedom, Security and Justice – A Market Endeavor?

What does market regulation have to do with the formation of an EU policy Area of Freedom, Security and Justice (AFSJ), a domain so inherently connected with human rights protection and constitutional safeguards? After all, the hallmark of the AFSJ project is that of the suppression of crime, terrorism and of ensuring a high level of security throughout Europe, far removed from the essentials of the EU internal market and its insistence on economic freedoms. Continue reading