Oñati workshop on the Rule of Law, Populism and Militant Democracy in Europe (12-13 April 2018)

Oñati workshop on the Rule of Law, Populism and Militant Democracy in Europe will take place between 12-13 April 2018 at the International Institute for the Sociology of Law in Oñati, the Basque Country, Spain.

fachada universidad recortada.jpg

For some time now the European societies have been marked by extreme movements from all ideological poles who directly assault the values of democracy and the rule of law. Liberal democracies are therefore faced with challenges of how to respond to the rise of radical movements from different parts of the philosophical poles. Are European states justified to prohibit the exercise of freedom of assembly and of association, expression and religion, all with the aim of protecting the democratic and liberal order, or would be such measures disproportionate and excessive? Some argue that measures of militant democracy, as they have been known, themselves undermine the rule of law and democracy as they directly interfere with the values of pluralism, human dignity, freedom and equality. On the other hand, others argue that it is indispensable to counter the populist movements with constitutional individual actions arising from civilizational heritage of European liberal democracies. The concept of rule of law includes how a society proceeds and functions on the basis and through law. Genuine respect for rule of law is one of the key prerequisites for the functioning of a free and democratic society, as it enables and secures the exchange of different opinions, attitudes and views. Its normative protections are reflected in the provision on civil-political and socio-economic rights. The European Convention on the Protection of Human Rights and Fundamental Freedoms only specifically refers to the rule of law in the preamble, where it notes that ‘as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration’.

The topic first of all addresses hard conceptual issues. The central concepts of the workshop: the rule of law, populism and militant democracy tend to figure as essentially contested concepts. To avoid speaking past each other the workshop will strive toward an incompletely theorized agreement about the shared meaning of these concept. Having passed this theoretical conceptual threshold, the concepts will applied and studied in several case-studies in national and supranational contexts. So far the questions of the rule of law, illiberal movements etc. have been addressed predominantly, if not exclusively, within the context of the nation state, either unitary or federal. The EU is neither. As a specific constitutional structure of a post-statist union it posses specific epistemic, explanatory and normative challenges of addressing and responding to the conflicts between the rule of law, populism and militant democracy.

The specific challenges, different as has typically been the case, should be addressed just through the judicial lens, but also through the lens of a legislative branch, administrative authorities, and least but not last, the civil society. The prevailing formalist approach to the rule of law should be complemented by the sociological approach that has interestingly been lacking in the legal writings about the rule of law and democracy.

Against this background, the proposed workshop will first dissect the current state of the rule of law, populism and militant democracy in Europe and, second, demonstrate how the liberally democratic states, based on the rule of law, should respond to the contemporary threats to themselves without denying their own very values.

The 2015 EU Justice Scoreboard

The European Commission has recently published the 2015 EU Justice Scoreboard. The Scoreboard provides information on quality, independence and efficiency of judiciaries in all EU Member States. The Commission notes in conclusion that :

The 2015 EU Justice Scoreboard reflects the efforts undertaken by Member States to render their national justice systems more effective. It shows certain improvements but at the same time reveals that reaping the benefit of justice reforms takes time. Commitment and determination are therefore indispensable to achieve more effective justice.

A short factsheet is available here.

Fundamental Rights and Migration to the EU – From Rhetoric to Action ?

20141110_143731The Annual Fundamental Rights Conference of the European Union Agency for Fundamental Rights took place last week in Rome. This year’s conference focused on Fundamental Rights and Migration to the EU. The Annual Conference has again opened and highlighted problems of the ineffective national frameworks for the protections of rights of migrants to the EU. Laura Boldrini, President of the Italian Chamber of Deputies, for instance, noted that »politics has immense responsibility« and argued for »stronger European instruments« to prevent deaths in the Mediterranean. Smaller Eastern and Southern European states are faced with immense burden due to high influx of migrants, whereas the current EU of framework for refugee protections is almost non-existent or to say at least non-efficient. However, it is feared that words will be left again without accompanying actions. Lot of urges and calls have been heard. However, not much is expected to change as politicians, particularly from the Northern European States, have to fulfill wishes of their electorate. The FRA Director, Morten Kjaerum, therefore, observed that »no other topic more important in human rights protection in EU«. He argued that »we cannot ask small states and regions to take large burden« and that »common reception centers and more effective system of relocation could be established across EU”. A move from rhetoric to action is desperately required to prevent further deaths in the Mediterranean.

Vacancy notice for new FRA Director

The vacancy notice for the position of new Director of the European Union Agency for Fundamental Rights was published on Friday in the Official Journal of the European Union. Strangely enough, the notice only asks for 5 years of experience (out of 15 years of the required professional experience) in the field of fundamental/human rights.

Hearing of Frans Timmermans

The Civil Liberties, Justice and Home Affairs Committee of the European Parliament has earlier this week conducted the hearing of Frans Timmermans, current Dutch Minister of Foreign Affairs, and First Vice-President designate of the European Commission in charge of Better Regulation, Inter-Institutional Relations, the Rule of Law and the Charter of Fundamental Rights. Here is his opening statement at the hearing :

The full video of his hearing is available here and its summary here. It seems that the candidate impressed MEP, however it remains to be seen if Juncker Commission will be approved in the end.

Motoc and Zobec discussing systemic problems of judiciary from a judge’s perspective

e8dcebfd55c9d5d7bbfc0a0f8263a6f3_MJudge Iulia Motoc of the European Court of Human Rights and Jan Zobec of the Constitutional Court of the Republic of Slovenia discussing systemic problems of judiciary from a judge’s perspective at the Conference on Crisis of Rule of Law and Democracy in Europe. Photo courtesy of demokracija.si.

Programme of the conference “Crisis of Rule of Law and Democracy in Europe”

We have previously posted about conference on “Crisis of Rule of Law and Democracy in Europe” to take place this Thursday and Friday at Brdo pri Kranju, Slovenia. Here is now its full programme :

Day 1: Thursday, Sept 25, 2014
17:00 – 19:00
Welcome Address
Matej Avbelj
Damir Črnčec
Keynote Address
by Kimmo Nuotio: “Setting the Scene – the Patria Case: Criminal Justice in the Political
System”
Discussant: Matej Avbelj
19:30 Dinner for the participants
Day 2: Friday, Sept 26
Crises of the Rule of Law and Democracy in a Comparative Perspective: Vestiges of the
Past, Vices of the Present, Prospects for the Future
Panel 1: Fighting the Vestiges of the Past in the Present
9:00 – 11:00
Anna-Bettina Kaiser (Germany)
Daniel Smilov (Bulgaria)
Uladzislau Belavusau (Belarus)
Discussant: Vojko Strahovnik
11:00 Coffee Break
Panel 2: Challenges of the Present for the Future
11:15 – 13:15
Paul Blokker (Italy)
Eszter Bodnar (Hungary)
Goran Selanec (Croatia)

Discussant: Katarina Vatovec

Lunch Break 13:30 – 14:30
Panel 3: Specificities of the Slovenian Situation
14:30 – 16:30
Jernej Letnar Černič
Damjan Možina
Marko Novak
Discussant: Miha Movrin
16:30 Coffee Break
17:00 – 19:00
Round-table Discussion: Systemic Problems of Judiciary from a Judge’s Perspective
Iulia Motoc (Judge, European Court of Human Rights)
Marko Šorli (Judge, Supreme Court of Slovenia)
Jan Zobec (Judge, Constitutional Court of Republic of Slovenia)
Chair: Matej Avbelj