by: Justin Lindeboom** ABSTRACT In EU constitutional law scholarship, comparisons with US constitutional law have been both a major intergenerational topic of interest and a significant blind spot. On the one hand, similarities and differences in constitutional DNA and federal architecture have been analyzed by multiple generations of scholars over the past four decades.[1] Less attention, however, has been given to other avenues for EU–US comparative constitutional analysis, such as the modalities of negative market integration,[2] the procedural law governing “federal” (more accurately “supranational” in the EU context) courts,[3] or even the development of constitutional principles over time.[4] In this interview, […]
Vol 30, Issue 1
4 posts
by: Sarah Ganty & Dimitry V. Kochenov ABSTRACT The European Union (EU) deploys a number of legal techniques in an effort to make sure that virtually no denial of racialized noncitizens’ rights–across the spectrum from equality and dignity to the right to life–is ever presented as a violation of EU law, even as the death-toll climbs to the dozens of thousands, turning the Mediterranean Sea into a mass grave through the EU’s and Member States’ incessant efforts. Making this possible is the work of what we would term “EU lawlessness law”: a careful summoning of diverse legal techniques to make […]
by: Peter Davis* INTRODUCTION This paper argues that a right to encryption exists under the European Charter of Fundamental Rights[1] (“Charter”). The primary consequence of this right, as elaborated below, is to preclude any legal instrument within the scope of the Charter’s application that indiscriminately reduces the efficacy of encryption in mass-market applications and devices. Or, put in “Crypto Wars”[2] vernacular, this paper claims that encryption “backdoors” are prohibited as a matter of EU law. On its face, this is an ambitious claim. Until recently,[3] “right to encryption” has only been spoken of gingerly in English language academic discourse[4] (though […]
by: Ivana Isailović* ABSTRACT The US Supreme Court’s decision in Dobbs—alongside transnational campaigns aimed at chipping away abortion access across EU Member States—has triggered concerns by EU institutions and governments on access to abortion in the Union. This paper maps out the ways in which the EU regulates abortion through economic and human rights frameworks and evaluates their effects on gender equality. I argue that current EU legal frameworks contribute to producing a system of stratified reproductive freedom which entrenches intersectional gender-based inequalities. On the one hand, EU economic law protects the reproductive freedom of women and pregnant people who […]