Research Articles 2025: Rule of Law Crisis

ARTICLES DIVIDED BY TOPIC

  1. Judicial independence
  2. Political polarization
  3. Institutional balance
  4. Human rights, principles and values
  5. Sovereignty

Judicial Independence

  • It was a matter of time Croatia before the Court of Justice of the EU for violation of judicial independence.  The article examines the first case of the CJEU on judicial independence in Croatia, taking as a reference the Portuguese precedent on the rule of law and effective judicial protection. It describes the lack of trust in the Croatian judiciary and analyzes the Hann Invest et al judgment, which questioned the compatibility of a procedural mechanism with Article 19 TEU and Article 47 of the Charter of Fundamental Rights. It compares the conclusions of the Advocate General, who did not see a violation, with the decision of the CJEU, which did declare one and also suggested constructive reforms to adapt the Croatian judicial system to European standards.

How to cite: Sanz Caballero, S. (2025). Era cuestión de tiempo Croacia ante el Tribunal de Justicia de la UE por violación de la independencia judicial. Revista Española De Derecho Europeo, (92), 137–181. https://doi.org/10.37417/REDE/num92_2024_2641 https://www.revistasmarcialpons.es/revistaespanoladerechoeuropeo/article/view/sanz-era-cuestion-de-tiempo

  • The decline of the rule of law in the European Union. Proposed solutions. The article analyzes the deterioration of the rule of law in the European Union, especially in countries such as Hungary and Poland, where judicial independence and respect for democratic values have been questioned. It points out the limitations of the current EU mechanisms, such as the Article 7 TEU procedure or the annual rule of law reports, and proposes strengthening more effective instruments, such as the conditionality of European funds, the use of preventive mechanisms and greater involvement of the CJEU in defending common values.

How to cite: Sanz Caballero, S. (2025, febrero). El declive del estado de derecho en la Unión Europea. Propuestas de solución. Pliegos de Yuste, revista de cultura, ciencia y pensamiento europeo, (24-2024). ISSN: 1697-512. https://www.fundacionyuste.org/wp-content/uploads/2025/02/pliegos_24_c.pdf

  • Judicial Independence in Croatia Under European Scrutiny Analysis of the Ruling Hann-Invest and Others (Or How to Save Judges from Other Judges). Analysis of the first case in which the Court of Justice of the European Union examined judicial independence in Croatia, through the Hann-Invest et al judgment. The study highlights that the threat came from the judiciary itself, where judges unrelated to the case could impose criteria on the competent magistrates, a practice inherited from the Croatian communist past. It compares the conclusions of the Advocate General, who saw no incompatibility, with the decision of the CJEU, which did declare the violation of Article 19 TEU and offered constructive guidelines to reform the system, underlining the role of the Court as a guardian of the rule of law in the European Union.

How to cite: Sanz Caballero, S. (2025, May). Judicial independence in Croatia under European scrutiny Analysis of the ruling Hann-Invest and others (or how to save judges from other judges). Review of European and Comparative Law. https://doi.org/10.31743/recl.18198 https://czasopisma.kul.pl/index.php/recl/article/view/18198

  • EU procedural law revisited: The reformed EU judicial architecture between the statute of the Court of Justice and the rules of procedure. Analysis of the reform of the judicial architecture of the European Union, focusing on the redistribution of competences between the Court of Justice and the General Court, and on how procedural changes affect the institutional balance and the effectiveness of the European judicial system. Through a critical review of EU procedural law, it shows how the reforms seek to balance the workload between the judicial instances and strengthen the efficiency of the system, although they also raise questions about jurisprudential coherence and the preservation of the authority of the Court of Justice as the supreme interpreter of European Union law.

How to cite: Grossio, L., & Petric, D. (2025). EU procedural law revisited: The reformed EU judicial architecture between the statute of the Court of Justice and the rules of procedure. European Papers, 10(2), 293–326. https://doi.org/10.15166/2499-8249/833 https://www.europeanpapers.eu/e-journal/eu-procedural-law-revisited-reformed-eu-judicial-architecture-between-statute-court-justice-rules-procedure

  • New Frontiers for Article 19 (1) TEU: A comment on Joined Cases C-554/21, C-622/21 and C-727/21 Hann-Invest.  Analysis of the implications of the judgments in the joined Hann-Invest cases (C‑554/21, C‑622/21 and C‑727/21) for the interpretation of Article 19(1) of the Treaty on European Union, which enshrines the obligation of Member States to guarantee effective judicial protection in areas governed by European Union law. It highlights how the Court of Justice expands the scope of this provision, reinforcing its role as a pillar of the rule of law in the EU and underlining that the decisions in Hann-Invest open new frontiers for the application of Article 19(1) TEU, with relevant consequences for the organisation of national judicial systems and for the coherence of the European legal order.

How to cite: Petrić, D., & Bačić Selanec, N. (2024). New frontiers for Article 19(1) TUE: A comment on Joined Cases C-554/21, C-622/21 and C-727/21 Hann-Invest. Croatian Yearbook of European Law and Policy, 20 (1). https://doi.org/10.3935/cyelp.20.2024.601 https://www.cyelp.com/index.php/cyelp/article/view/601

  • Internal Judicial Independence in the EU and Ghosts from the Socialist Past: Why the Court of Justice Should Not Follow AG Pikamäe in Hann-Invest. The importance of internal judicial independence in the European Union is examined in light of the Hann-Invest case, criticising the position of Advocate General Pikamäe for the risk of undermining the autonomy of judges in relation to their hierarchical superiors. The authors argue that following this interpretative line would evoke “ghosts of the socialist past”, characterised by a subordinated and dependent judiciary, and emphasise that the Court of Justice must reaffirm internal independence as an essential component of the European rule of law and of the coherence of the Union’s judicial system.

How to cite: Petrić, D., & Bačić Selanec, N. (2025). Internal judicial independence in the EU and ghosts from the socialist past: Why the Court of Justice should not follow AG Pikamäe in Hann-Invest. Croatian Yearbook of European Law and Policy. https://doi.org/10.3935/cyelp.20.2024.565 https://www.cyelp.com/index.php/cyelp/article/view/565

  • Fake judges are great administrators! A new word on judicial independence from CJEU in T.B. v. C.B. Critique of the CJEU judgment in T.B. v. C.B., arguing that the Court adopts a dangerously narrow view of judicial independence by focusing on “administrative efficiency” over the structural guarantees that define an independent judge. The CJEU appears to accept that judges appointed irregularly or contrary to basic rule of law standards may continue to act validly as long as they administer justice “functionally”. This stance normalises illiberal practices and weakens judicial protection in the EU by legitimising systems where judicial independence is merely formal or even fictitious.

How to cite: Kochenov, D. (2025, October 2). Fake judges are great administrators! A new word on judicial independence from CJEU in T.B. v. C.B. EU Law Analysis. https://eulawanalysis.blogspot.com/2025/10/fake-judges-are-great-administrators.html

  • Neutralising the Captured Court. Analysis of the AW ‘T’ case and its relation to the CJEU case law on judicial independence in the EU. The AW ‘T’ case is analysed, in which the validity of judicial decisions adopted by courts considered “captured” or subject to political interference is questioned, and it examines how this case relates to the case law of the Court of Justice of the European Union on judicial independence. It explains how the CJEU has developed criteria to identify systemic breaches of the rule of law and how these criteria can be applied to neutralise decisions issued by judicial bodies whose independence is compromised. The article highlights the tension between the obligation of Member States to guarantee independent courts and the attempts of some governments to control the judiciary.

How to cite: Grabowska-Moroz, B. (2025, October 17). Neutralising the Captured Court. Análisis del caso AW ‘T’ y su relación con la jurisprudencia del TJUE sobre independencia judicial en la UE. Verfassungsblog. https://verfassungsblog.de/captured-court-awt/

  • Rule of law beyond the EU member states: Assessing the Union’s performance 2025. It assesses whether the institutions of the European Union comply with the rule of law standards they require from the Member States. Key areas such as judicial independence, the fight against corruption, transparency, freedom of the press, digital regulation and migration governance are analysed. Thus, advances are identified, such as new monitoring instruments and conditionality mechanisms, but also important structural deficiencies within the EU itself, including problems of internal judicial independence, lack of access to information, weaknesses in ethical standards and uneven application of rules. Overall, the report concludes that the EU does not always act in accordance with the values it proclaims, which limits its credibility and effectiveness.

How to cite: Grabowska‑Moroz, B., Grogan, J., Bárd, P., Basheska, E., Ganty, S., Kochenov, D., Pech, L., Shatz, O., Veraldi, J. D., & Wójcik, A. (2025). Rule of law beyond the EU member states: Assessing the Union’s performance 2025 (2nd ed.). SSRN Electronic Journal. https://doi.org/10.2139/ssrn.5678044  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5678044

  • L.G. v. Krajowa Rada Sądownictwa: Is judicial independence still a “delicate issue” in EU law? Judgment of the Court (Grand Chamber) of 21 December 2023, L.G. v. Krajowa Rada Sądownictwa (C‑718/21), EU:C:2023:1015. Analysis of the judgment of the Court of Justice of the European Union in the case L.G. v. Krajowa Rada Sądownictwa (C‑718/21), in which the Court concluded that the new Chamber of the Polish Supreme Court cannot be considered an independent judicial body for the purposes of Article 267 TFEU. It examines how this decision fits into the growing concern about the deterioration of the rule of law in Poland and the need for the CJEU to assess judicial independence even when determining the admissibility of preliminary questions. The text highlights that judicial independence, once considered an unquestionable assumption, has become a problematic element requiring active scrutiny by the Court.

How to cite: Grabowska‑Moroz, B. (2025). L.G. v. Krajowa Rada Sądownictwa: Is judicial independence still a “delicate issue” in EU law? Judgment of the Court (Grand Chamber) of 21 December 2023, L.G. v. Krajowa Rada Sądownictwa (C‑718/21), EU:C:2023:1015. Maastricht Journal of European and Comparative Law, 32(3). https://doi.org/10.1177/1023263X251341688 https://journals.sagepub.com/doi/10.1177/1023263X251341688

Political polarization

  • Disinformation narratives: impact, exposure and ideological component. Disinformation is a central phenomenon in social, political and media concern, highlighting how the strategic dissemination of falsehoods is articulated through narratives with a strong rhetorical charge capable of confusing truth and plausibility. The impact of these narratives is analysed, as well as citizens’ exposure to them and the role of the ideological component in their acceptance and circulation. It shows that disinformation operates as an interpretative framework that shapes public understanding of events and contributes to polarising the social and political space.

How to cite: Puertas-Graell, D., & Suau-Martinez, J. (2025). Narrativas de desinformación: impacto, exposición y componente ideológico. Estudios sobre el Mensaje Periodístico, 31(2), 419–429. Universidad Complutense de Madrid. https://doi.org/10.5209/emp.100562 https://revistas.ucm.es/index.php/ESMP/article/view/100562

  • Trust in Disinformation Narratives: A Trust in the News Experiment. The factors that explain trust in disinformation narratives are examined through an experiment linked to the Trust in the News project. The authors analyse how prior trust in institutions, media and social actors influences the credibility granted to false or manipulated content. Through computational and experimental methods, the study identifies patterns of susceptibility to disinformation and shows that trust or distrust in information sources is a decisive element for understanding why certain individuals accept misleading narratives.

How to cite: Song, H., Santos Silva, M. F., Suau, J., & Espinosa-Anke, L. (2025). Trust in Disinformation Narratives: A Trust in the News Experiment (arXiv:2503.11116). arXiv. https://doi.org/10.48550/arXiv.2503.11116

  • Building Europe in a time of deconstruction and destruction. Introduction to the volume International Society and Europeanism, which analyses the contemporary challenges faced by the European project in a global context marked by the deconstruction of democratic consensus, disinformation, war on the European continent, the rise of authoritarian powers and the erosion of international cooperation. The authors argue that Europe is at a decisive moment in which it must reaffirm its foundational values such as democracy, the rule of law, human rights and multilateralism, to prevent internal fragmentation and external pressure from weakening its cohesion. The need to strengthen institutional resilience, strategic autonomy and the capacity for joint action is emphasised.

How to cite: Troitiño, D. R., Pérez Sánchez, G. Á., Martín de la Guardia, R., & Kerikmäe, T. (2025, March). Building Europe in a time of deconstruction and destruction. In International Society and Europeanism (pp. 1–7). Springer Nature. https://doi.org/10.1007/978-3-031-66077-1_1 https://link.springer.com/chapter/10.1007/978-3-031-66077-1_1

  • The backsliding of democracy in the EU: an analysis on the perception of corruption in the Member States pre- and post-pandemic. Corruption is difficult to measure objectively, although it constitutes one of the main obstacles to the rule of law and democratic quality. The analysis shows that the health crisis and its economic and social consequences have intensified citizens’ perception of corruption in several Member States, reflecting a weakening of institutional trust and a democratic backsliding.

How to cite: Pérez Gabaldón, M., Hernández García, N., & González Tormo, C. (2025, May). The backsliding of democracy in the EU: An analysis on the perception of corruption in the Member States pre- and post-pandemic. Political Research Exchange, 7 (1). https://doi.org/10.1080/2474736X.2025.2497764 https://www.tandfonline.com/doi/full/10.1080/2474736X.2025.2497764

  • Croatia. Analysis of the 2024 electoral year in Croatia, in which parliamentary, European and the first round of presidential elections coincided. In this context, the authors show that the 2024 European Parliament elections were dominated by the HDZ, the centre-right party that has governed Croatia since 2015. The HDZ again won the European elections, consolidating its position as the hegemonic force of the Croatian political system. The main opposition party, the SDP, obtained the same number of seats as in 2019 but with a worse electoral performance, in line with its downward trend in recent electoral cycles. The results are placed within broader dynamics of Croatian politics, characterised by moderate turnout, a stable party system and an electorate divided between governmental continuity and dissatisfaction with the opposition.

How to cite: Čepo, D., Kovačić, M., & Gvozdanović, A. (2025, July). Croatia. In J. Lodge, J. Smith & S. Fotopoulos (Eds.), In Palgrave Handbook on the 2024 European Parliament Elections (pp. 139–153). Palgrave Macmillan. https://doi.org/10.1007/978-3-031-87397-3_10 https://link.springer.com/chapter/10.1007/978-3-031-87397-3_10

  • Marry on a cross. Individualism, divorce, and radical self-placement: The Spanish case.  Analysis of how changes in family life, in particular divorce and separation, are related to political radicalisation in Spain within a broader framework of social and cultural transformations in Western democracies. The study addresses the impact of individualism and ideological polarization, as well as the growing disaffection towards parties and institutions, linking these processes to the evolution of marriage and the family. In this way, it examines how family dynamics and changing values contribute to shaping profiles more susceptible to radical attitudes and ideological self‑placement in contexts of democratic crisis.

How to cite: González Tormo, C. & Blanes Tortajada, M. (2025, October). Marry on a cross. Individualism, divorce, and radical self-placement: The Spanish case. Acta Politologica. https://doi.org/10.2478/acpo-2025-0006 https://reference-global.com/article/10.2478/acpo-2025-0006

Institutional balance

  • Parliamentary Commissions of Inquiry and Separation of Powers, Minorities’ Role and Presumption of Innocence: The Spanish Case.  Analysis of the role of Parliamentary Commissions of Inquiry in Spain, regulated by Article 76 of the 1978 Constitution and Organic Law 5/1984. It examines how these commissions, conceived as instruments of parliamentary oversight, interact with the separation of powers, the rights of parliamentary minorities and the presumption of innocence in a context where their conclusions lack binding legal effects but do influence public opinion and political dynamics.

How to cite: González Tormo, C. (2025). Parliamentary commissions of inquiry and separation of powers, minorities’ role and presumption of innocence: The Spanish case. International Journal of Parliamentary Studies. https://doi.org/10.1163/26668912-bja10097 https://brill.com/view/journals/parl/5/1/article-p67_004.xml?srsltid=AfmBOooNQWjc_pBiH78MzfDuk0PpkLoPQ2iVSsoLzdj_323G_P9EbrRX

  • Advancing a multi-perspective assessment of the reformed EU judicial architecture: An introduction to the special section. The article refers to the judicial reform of the European Union approved in 2024, considered the most important since 1989, noting that the previous debate focused on procedural aspects such as workload and specialisation, while the special section seeks a broader assessment that also addresses the constitutional and institutional implications of the transfer of competences to the General Court, highlighting that this reform marks a turning point in the evolution of the European judicial system.

How to cite: Grossio, L., & Petrić, D. (2025). Advancing a multi-perspective assessment of the reformed EU judicial architecture: An introduction to the special section. European Papers, 10(2), 327–332. https://doi.org/10.15166/2499-8249/833 https://www.europeanpapers.eu/e-journal/advancing-multi-perspective-assessment-reformed-eu-judicial-architecture-introduction-special-section

  • Conceptualising state of emergency, constitutional crisis management and their rule‑of‑law requirements. Analysis of how states of emergency and constitutional crisis‑management mechanisms should be conceptualised, highlighting the theoretical difficulties that arise when emergencies are considered “legal black holes” due to their unpredictability. A broad and flexible definition of “emergency” is proposed, one that allows for comparative study and a coherent assessment of constitutional responses, especially in the Visegrad Group countries. From this, the essential rule‑of‑law requirements that must be maintained even in exceptional situations are identified, emphasising that crisis management cannot justify the total suspension of legal guarantees nor the erosion of constitutional limits.

How to cite: Szente, Z. (2025). Conceptualising state of emergency, constitutional crisis management and their rule‑of‑law requirements. European Journal of Risk Regulation, 16, 374–387. Cambridge University Press. https://doi.org/10.1017/err.2024.101 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/7BF948A1543B995CE48F2E63EA084654/S1867299X24001016a.pdf/conceptualising_state_of_emergency_constitutional_crisis_management_and_their_ruleoflaw_requirements.pdf

  • Assessing constitutional resilience: The performance of the 2011 Fundamental Law in fulfilling constitutional functions.  An assessment is presented of the extent to which the 2011 Hungarian Fundamental Law has been able to fulfil the essential functions of a constitution in a context of growing illiberalism. It shows that the new Fundamental Law has facilitated the concentration of power, weakened institutional checks and reduced the system’s capacity to limit governmental abuses. The article concludes that the post‑2010 constitutional design has not only failed to protect the rule of law but has actively contributed to its erosion by institutionalising mechanisms that favour political domination and democratic fragility.

How to cite: Szente, Z. (2025). Assessing constitutional resilience: The performance of the 2011 Fundamental Law in fulfilling constitutional functions. In F. Gárdos-Orosz (Ed.), The resilience of the Hungarian legal system since 2010: A failed resilience? (pp. 19–36). Springer Nature. https://doi.org/10.1007/978-3-031-70451-2_2 https://m2.mtmt.hu/gui2/?mode=browse¶ms=publication;35554613

  • What If I Prefer Robot Journalists? Trust and Objectivity in the AI News Ecosystem. There is a growing role of artificial intelligence in journalistic production, and the way this transformation affects public trust in news is examined. Based on the analysis of the automated information ecosystem, the study explores whether users perceive “robot journalists” as more objective or trustworthy than human journalists. It shows that automation can generate a perception of greater neutrality, but it also raises risks related to transparency, information quality and the loss of human editorial criteria, elements that are essential for journalistic credibility.

How to cite: Yeste-Piquer, E., Suau-Martínez, J., Sintes-Olivella, M., & Xicoy-Comas, E. (2025). What If I Prefer Robot Journalists? Trust and Objectivity in the AI News Ecosystem. Journalism and Media, 6(2), 51. https://doi.org/10.3390/journalmedia6020051 https://www.mdpi.com/2673-5172/6/2/51

  • Aid sanctions and hybrid regimes. Analysis of how sanctions based on the suspension of international aid affect hybrid regimes, a type of political system that combines democratic and authoritarian elements. Drawing on recent advances in the study of sanctions and authoritarianism, the authors show that the effectiveness of these measures depends largely on the degree of institutionalisation and the internal balance of power within these regimes. It is highlighted that although sanctions tend to be more effective in democracies or weak autocracies, hybrid regimes present particular dynamics that can significantly alter the expected outcomes of international pressure.

How to cite: Portela, C., & Mora-Sanguinetti, J. S. (2025, March). Aid sanctions and hybrid regimes. The Journal of Development Studies, 61(10), 1555–1578. https://doi.org/10.1080/00220388.2025.2481878 https://www.tandfonline.com/doi/full/10.1080/00220388.2025.2481878

  • The politics of selectivity: Understanding the logic of United Nations Security Council sanctions: United Nations sanctions regimes and selective security / Thomas Kruiper. The article reviews Thomas Kruiper’s book on the selective nature of United Nations Security Council sanctions regimes, highlighting how, despite their formal legitimacy and binding character, sanctions are applied unevenly. It explains that selectivity does not only respond to the interests of the permanent members but also to factors such as the existence of prior regional sanctions or the perception of international consensus, as recent research on the political logic behind these decisions shows. The review emphasises that the book provides conceptual clarity and empirical evidence on why some crises receive multilateral sanctions while others, equally serious, do not.

How to cite: Portela, C. (2025). The politics of selectivity: Understanding the logic of United Nations Security Council sanctions: United Nations sanctions regimes and selective security / Thomas Kruiper. The International Spectator, 1–3. https://doi.org/10.1080/03932729.2025.2562760 https://www.tandfonline.com/doi/full/10.1080/03932729.2025.2562760

  • From constitutional risk management to constitutional risk management (emergency law misuse) in Hungary. Analysis of how Hungary has transformed the “state of danger” regime, introduced in 2020, into a permanent instrument that allows the government to legislate without effective checks. It shows that the repeated declaration of emergencies has normalised exceptional powers, weakened institutional counterbalances and facilitated the manipulation of the legal framework to advance populist agendas, turning a tool for managing constitutional risks into a mechanism of risk for the rule of law itself.

How to cite: Gárdos-Orosz, F., & Burján, E. (2025). From constitutional risk management to constitutional risk management (emergency law misuse) in Hungary.European Constitutional Law Review. https://doi.org/10.1017/err.2024.102. https://www.cambridge.org/core/journals/european-journal-of-risk-regulation/article/from-constitutional-risk-management-to-constitutional-risk-management-emergency-law-misuse-in-hungary/B3EA36CFA4E5842A8DE1EFAE37146F98

  • Constitutional risk management in the V4 countries – Diverging practices and the need for convergence. The article examines how the Visegrad Group countries (Czech Republic, Hungary, Poland and Slovakia) have managed the constitutional risks arising from emergency situations, especially following the COVID‑19 pandemic. The authors show that, despite facing similar challenges, institutional responses have differed notably due to differences in legal frameworks, constitutional culture and the degree of politicisation of states of exception. The study identifies common patterns of tension between governmental effectiveness and constitutional limits, and emphasises the need for greater normative convergence to prevent abuses and ensure crisis management compatible with the principles of democratic constitutionalism.

How to cite: Gárdos-Orosz, F., & Szente, Z. (2025). Constitutional risk management in the V4 countries – Diverging practices and the need for convergence. European Constitutional Law Review. https://doi.org/10.1017/err.2024.105 https://www.cambridge.org/core/journals/european-journal-of-risk-regulation/article/constitutional-risk-management-in-the-v4-countries-diverging-practices-and-the-need-for-convergence/26E1E5104C5916C36DB27015A29461AC

  • Constitutional avoidance and values enforcement in the European Union: Pattern or policy? Analysis of how the European Union has responded to the backsliding of the rule of law in some Member States through a strategy of “constitutional avoidance”. Although EU values have constitutional status, the institutions, especially the Commission and the Council, have avoided applying binding sanctions and have preferred dialogue and “soft” tools. It examines how national governments erode the constitutional order and how the EU’s response, marked by delays, lack of decisiveness and the proliferation of non‑coercive instruments, limits the Union’s real capacity to curb judicial capture and democratic degradation.

How to cite: Grabowska‑Moroz, B. (2025). Constitutional avoidance and values enforcement in the European Union: Pattern or policy? In P. Bárd & J. Krommendijk (Eds.), Sustaining the Rule of Law (pp. 137–162). Edward Elgar Publishing. https://doi.org/10.4337/9781035345472.00011 https://www.elgaronline.com/edcollchap/book/9781035345472/chapter7.xml

  • Uitdagingen voor het internationaal ruimterecht: van globale fragmentatie naar regionale harmonisatie? The article explains that international space law is increasingly fragmented due to the proliferation of national regulations and partial agreements. Faced with this lack of global coherence, the authors suggest that regional harmonisation could be a more realistic way to create common rules and improve legal certainty in space activities.

How to cite: Feen, O., De Man, P., & Wouters, J. (2025). Uitdagingen voor het internationaal ruimterecht: van globale fragmentatie naar regionale harmonisatie? Rechtskundig Weekblad, 89(14), 523–535. Intersentia. https://rw.be/archief/8914

Human rights, values and principles

  • Money talks? The effectiveness of sanctions in the ‘rule of law’ conflict in the European Union. This article examines the effectiveness of financial sanctions as a tool of the European Union to respond to backsliding in the Rule of Law within its own Member States. Based on the analysis of the cases of Poland and Hungary, the authors show that sanctions can exert significant pressure when they directly affect essential financial flows, but their impact depends on internal political factors, the degree of economic dependence of the sanctioned State, and the coherence of the European response. It is concluded that, although sanctions alone do not guarantee the reversal of Rule of Law violations, they can modify incentives and open windows of opportunity for negotiation and compliance.

How to cite: Holesch, A., & Portela, C. (2024). Money talks? The effectiveness of sanctions in the ‘rule of law’ conflict in the European Union. JCMS: Journal of Common Market Studies, 63(4), 1178–1196. https://doi.org/10.1111/jcms.13693 https://onlinelibrary.wiley.com/doi/10.1111/jcms.13693

  • The legal protection of neurodata: neuro-rights. This article examines the emerging legal challenges associated with neurodata, that is, information obtained directly from brain activity through neurodigital technologies. It analyzes how these data, due to their extremely sensitive nature and their potential to reveal mental states, emotions, or intentions, require reinforced protection within the framework of fundamental rights. Based on the discussion surrounding the so‑called neuro‑rights, the authors propose criteria to guarantee cognitive autonomy, mental privacy, and psychological integrity in the face of invasive or manipulative uses of neuroscientific technologies.

How to cite:Cornejo‑Plaza, M. I., Cippitani, R., & Pasquino, V. (2025, January 15). La protezione giuridica dei neurodati: i neurodiritti. Federalismi.it – Rivista di diritto pubblico italiano, comparato, europeo, (2/2025), 165–182. https://www.federalismi.it/ApplOpenFilePDF.cfm?artid=51683&dpath=document&dfile=15012025185656.pdf&content=La%2Bprotezione%2Bgiuridica%2Bdei%2Bneurodati%3A%2Bi%2Bneurodiritti%2B%2D%2Bstato%2B%2D%2Bdottrina%2B%2D%2B https://www.federalismi.it/nv14/articolo-documento.cfm?Artid=51683

  • How to write a Privacy Policy in a Research Project. A practical guide for drafting a privacy policy in the context of research projects, explaining the essential elements that must be included to comply with the General Data Protection Regulation (GDPR) and other applicable regulatory frameworks. The authors detail how to identify the legal bases for processing, describe data flows, define responsibilities among partners, ensure transparency toward participants, and establish appropriate security measures. The document also addresses common mistakes and proposes a structured approach that facilitates the development of clear, understandable, and legally sound policies.

How to cite: Colcelli, V., Cippitani, R., Brizioli, S., & Langella, A. (2025, February 14). How to write a Privacy Policy in a Research Project [Research report]. Zenodo. https://doi.org/10.5281/zenodo.14865812 https://zenodo.org/records/14865812

  • EU Lawlessness Law. The European Union has built a legal framework that conceals and normalizes systematic human rights violations against migrants and people without privileged citizenship. Through restrictive interpretations, externalization of responsibilities, and legal exceptions, it renders invisible the denial of fundamental rights and creates a “shield of impunity” that blocks international and European protection. This system, financed and legitimized by the EU itself, turns the Mediterranean into a space of loss of human life and shows how law is instrumentalized to institutionalize exclusion and violence.

How to cite:Ganty, S., & Kochenov, D. V. (2025). EU lawlessness law. Columbia Journal of European Law, 30(1), 78–156. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5051949

  • Treaty Changes for the Better Protection of EU Values in the Member State. The current provisions of the Treaties of the European Union do not sufficiently guarantee the protection of fundamental values such as the Rule of Law, democracy, and human rights. The ineffectiveness of tools such as Article 7 TEU and conditionality mechanisms is highlighted, and reforms are proposed to strengthen the EU’s capacity to monitor, sanction, and prevent backsliding in Member States. Taken together, these proposals underscore the need for a more robust legal framework that preserves the foundational principles of the European Union.

How to cite:Bárd, P., Kochenov, D., Pech, L., & Wouters, J. (2024). Treaty changes for the better protection of EU values in the Member States. European Law Journal, 30(4), 499–514. http://dx.doi.org/10.2139/ssrn.5008918 https://ssrn.com/abstract=5008918

  • Introduction: Advancing Investment Migration Scholarship. Investment migration constitutes an emerging academic field, highlighting its growing relevance in Europe and globally. The need to overcome reductionist approaches that conceive it merely as the “sale of passports” is emphasized, and a more rigorous analysis of its legal, political, and social implications is proposed, particularly in relation to state sovereignty, citizenship, and international law.

How to cite: Kochenov, D., Sumption, M., & van den Brink, M. (2025). Introduction: Advancing investment migration scholarship. In D. Kochenov, M. Sumption, & M. van den Brink (Eds.), Investment migration in Europe and the world: Current issues (pp. 1–14). Hart Publishing. http://dx.doi.org/10.2139/ssrn.5098857 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5098857

  • What Article 7 is not: The European Arrest Warrant and the de facto presumption of guilt – Protecting EU budget better than human rights? The European Union fails to protect fundamental rights when it engages in judicial cooperation with Member States that violate the Rule of Law, because Article 7 — the mechanism designed to respond to such violations — is ineffective, while the European Arrest Warrant continues to be applied as if full mutual trust existed. This combination creates insufficient protection for the individuals affected and reveals a paradox: the Union acts decisively to safeguard its budget, but not with the same determination to defend fundamental rights and its own democratic values.

How to cite:Bárd, P., & Kochenov, D. (2025). What Article 7 is not: The European Arrest Warrant and the de facto presumption of guilt – Protecting EU budget better than human rights? In A. Łazowski & V. Mitsilegas (Eds.), The arrest warrant at twenty. Hart Publishing. http://dx.doi.org/10.2139/ssrn.4596935 https://ssrn.com/abstract=

  • The power of passports: How paper booklets became tools of global stratification. Passports are not merely administrative documents; they have become instruments that structure global inequality, determining who can move freely and who remains restricted. The text shows that the history and contemporary functioning of passports are deeply tied to hierarchies of citizenship, race, class, and state power, turning these documents into mechanisms that reproduce social and geopolitical stratification rather than bureaucratic neutrality.

How to cite: Van der Baaren, L., & Kochenov, D. V. (2025, April 1). The power of passports: How paper booklets became tools of global stratification. Migration Information Source. Migration Policy Institute. https://www.migrationpolicy.org/article/passport-power-history

  • Nationality-based Schengen visa and entry bans: The case of Russian citizens. Analysis of how the visa restrictions and entry bans imposed on Russian citizens after the invasion of Ukraine introduce nationality‑based discrimination that strains the fundamental principles of the Schengen area. These measures, although politically motivated, erode essential guarantees such as equal treatment, proportionality, and legal predictability, opening the door to discretionary decisions that may undermine the coherence of the common visa system and respect for the rule of law in the EU.

How to cite: Ganty, S., Hayır, N., Kochenov, D., & Roy, S. (2025). Nationality-based Schengen visa and entry bans: The case of Russian citizens. In F. Gatta & M. Savino (Eds.), Visas, migration and asylum law: The key that opens the door. Routledge. (Forthcoming). http://dx.doi.org/10.2139/ssrn.5284493 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5284493

  • Travel document. Analysis of the legal concept of “travel document” and how these instruments, seemingly technical and neutral, play a central role in regulating human mobility. Travel documents not only enable or prevent border crossing, but also reflect hierarchies of citizenship, state power, and global inequality. Through their historical evolution and contemporary function, it is shown how these documents have become tools that structure who can move freely and who is subject to restrictive controls.

How to cite:Van der Baaren, L., & Kochenov, D. (2025).Travel document. In V. Chetail & G. Raimondo (Eds.), Elgar concise encyclopaedia of migration law. Edward Elgar. http://dx.doi.org/10.2139/ssrn.4606180  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4606180

  • The true show of unity: Supremacy, rule of law at the service of Eurowhiteness solidarity. The European narrative on the Rule of Law and the supremacy of EU law can function, in practice, as a mechanism of exclusion that reinforces a racialized European identity referred to as “Eurowhiteness”. Under the discourse of unity and shared values, the EU reproduces internal and external hierarchies that privilege certain States and populations while marginalizing others. This dynamic reveals that the defense of the Rule of Law does not always operate as a universal principle, but rather as a political tool that can serve selective solidarities and the preservation of unequal power structures.

How to cite:Basheska, E., & Kochenov, D. (2025). The true show of unity: Supremacy, rule of law at the service of Eurowhiteness solidarity. In S. Laulhé Shaelou & A. Marcou (Eds.), Rule of law and European values in turbulent times. Springer. (Forthcoming). http://dx.doi.org/10.2139/ssrn.5268118 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5268118

  • Mistaking supremacy for the rule of law in difficult times: On some EU’s urgent values problems. The European Union has mistaken the defense of the supremacy of EU law for the genuine protection of the Rule of Law, especially in a context of democratic backsliding within some Member States. This confusion has led to institutional responses that are insufficient and, at times, counterproductive, because they prioritize the integrity of the European legal order over the effective defense of fundamental values. The result is an EU that proclaims its commitment to the Rule of Law but lacks coherent and credible mechanisms to confront systemic violations of those very values.

How to cite:Kochenov, D. (2025). Mistaking supremacy for the rule of law in difficult times: On some EU’s urgent values problems. In S. Sanz Caballero & A. Bar Cendón (Eds.), Overcoming the crisis of democratic values in the European Union (Vol. II). Tirant lo Blanch. (Forthcoming). http://dx.doi.org/10.2139/ssrn.5260118 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5260118

  • Free global cities: A tool to overcome passport apartheid? Analysis of whether “free global cities” can offer a real alternative to the global citizenship system, described as a “passport apartheid” that radically determines people’s life opportunities. The text explores how these cities, conceived as spaces with more open mobility rules and less dependent on state nationality, could function as laboratories for inclusive governance. Although the article acknowledges the political and legal limits of the model, it argues that these initiatives make it possible to question the rigidity of the current system and open pathways to reduce structural inequalities in access to freedom of movement.

How to cite: Kochenov, D. (2025). Free global cities: A tool to overcome passport apartheid? In C. H. Kälin (Ed.), Free global cities: The future leaders in migration and public governance (pp. 323–335). Hart Publishing. http://dx.doi.org/10.2139/ssrn.4990832 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4990832

  • EU citizenship’s new essentialism: The solidification of the illiberal Union. The recent case law of the Court of Justice of the European Union, especially in Commission v. Malta, marks an illiberal turn by introducing an “extra‑legal” component into the definition of EU citizenship, based on presumed bonds of “solidarity and good faith”. This reinterpretation breaks with decades of liberal doctrine that understood citizenship as a strictly legal, non‑identitarian status. This essentialist shift threatens equality, non‑discrimination, and the protective function of EU citizenship, as it opens the door to arbitrary exclusions and to a more closed, nationalist, and hierarchical vision of the European project.

How to cite:Kochenov, D. (2025, May 5). EU citizenship’s new essentialism: The solidification of the illiberal Union. Verfassungsblog. https://verfassungsblog.de/eu-citizenships-new-essentialism/

  • How to Access Rule‑of‑Law Violations in a State of Emergency? Towards a General Analytical Framework. A general analytical framework is proposed to assess Rule‑of‑Law violations during states of emergency, an area in which exceptional powers often generate legal grey zones. The article identifies the essential elements that must be examined such as legality, necessity, proportionality, judicial oversight, and temporal limits and shows how these criteria make it possible to distinguish between legitimate crisis‑management measures and abuses that erode the constitutional order. Through comparative examples, it demonstrates that states of emergency do not suspend the Rule of Law but rather put it to the test, and that violations typically occur when governments instrumentalize exceptional circumstances to expand their power beyond what is strictly necessary.

How to cite: Szente, Zoltán (2025). How to Access Rule‑of‑Law Violations in a State of Emergency? Towards a General Analytical Framework. Hague Journal on the Rule of Law, 17, pp. 117–138. Springer Nature. https://doi.org/10.1007/s40803-024-00244-1  https://link.springer.com/article/10.1007/s40803-024-00244-1

  • Effectiveness of the EU global human rights sanctions regime. Analysis of the effectiveness of the EU Global Human Rights Sanctions Regime, adopted in December 2020 after more than a year of negotiations in the Council. Designed to respond to human rights violations, abuses, and corruption worldwide, the regime is inspired by the U.S. Magnitsky legislation and forms part of a global trend toward similar mechanisms. Although the number of designations has increased since its creation, the report notes that little is still known about its real impact and its ability to change the behaviour of state and non‑state actors. The study assesses the coherence of the regime, its operational limitations, and the challenges involved in measuring its effectiveness.

How to cite: Portela, C., Tilahun, N., & Peez, A. (2025, June 10). Effectiveness of the EU global human rights sanctions regime (Study No. EXPO_STU(2025)754474). European Parliament. https://www.europarl.europa.eu/RegData/etudes/STUD/2025/754474/EXPO_STU(2025)754474_EN.pdf

  • Annex to D2.6: Catalogue of Professional Profiles in Open Science and Minimum Viable Sets of Competences (MVS) – Update. Update of the catalogue of professional profiles linked to Open Science, defining for each of them the minimum viable sets of competences (MVS) required to perform functions in open, collaborative research environments oriented toward responsible data management. It includes technical, legal, ethical, and organizational profiles, and details skills related to interoperability, digital preservation, data governance, communication, risk assessment, and regulatory compliance. The update seeks to harmonize competences at the European level and provide a practical guide for institutions wishing to professionalize key roles in research infrastructures.

How to cite: Whyte, A., Green, D., Avanço, K., Brizioli, S., Casati, S., Cocco, M., Colcelli, V., Davidson, J., Derksen, B., Di Giorgio, S., Dostatnia, K., Gingold, A., Guarini, E., Horton, L., Koteska, B., Kyprianou, K., Lavitrano, M., Lazzeri, E., Leister, C., Margoni, T., Martinez, P., Prnjat, O., Rauste, P., Saurugger, B., Schirru, L., Souyioultzoglou, I., Sowinski, C., Torres Ramos, G., van Leersum, N., Sharma, S., & Wildgaard, L. (2025, June 28).Annex to D2.6: Catalogue of professional profiles in Open Science and minimum viable sets of competences (MVS) – update. Zenodo. https://doi.org/10.5281/zenodo.15848853 https://zenodo.org/records/15848854

  • Curriculum for the Training of Data Stewards. Comprehensive curriculum aimed at training data stewards in research environments, with the objective of defining the competences necessary to perform this role within the framework of open science. It includes modules on data lifecycle management, interoperability standards, digital preservation, ethical and legal aspects, responsible governance, and interdisciplinary communication skills. It also provides practical materials and pedagogical guidance to train professionals capable of ensuring transparent, reproducible data practices aligned with European principles of responsible research.

How to cite: van Leersum, N., Sharma, S., Winandi, A., Martinez Lavanchy, P. M., Aguilar Gómez, F., Alamettälä, T., Antoine, D., Bernier, M., Colcelli, V., Derksen, B., Drążewski, K., Green, D., Hadrossek, C., Janik, J., Hansen, K. K., Leister, C., Møldrup‑Dalum, P., Musidlowska, M., Peters, E., Psathas, G., Rauste, P., Schirru, L., Schubö, F., & Wildgaard, L. (2025, July 9). Curriculum for the training of data stewards. Zenodo. https://doi.org/10.5281/zenodo.15848853 https://zenodo.org/records/15848854

  • Open Science Competences for Digital Collection Curators – Training Materials. Training materials aimed at defining and strengthening the competences required for digital collection curators within the framework of Open Science. The materials address technical, organizational, ethical, and legal skills related to the management, preservation, interoperability, and reuse of data, as well as the implementation of international standards and best practices. They also provide tools and guidance to enable professionals to play an active role in open research infrastructures, ensuring transparency, quality, and responsibility throughout the data lifecycle.

How to cite:Ritschard, E. A., Agosti, D., Candela, G., Colcelli, V., Díez Díaz, V., Dillen, M., Giora, J., Heumann, I., Hudák, R., Islam, S., Klug, H. W., Konach, T., Palacz, J., Rajkhowa, G., Salmhofer, A., Steiner, E., Whitmire, A., Linés, C., Whyte, A., Gottwald, I., Gänsdorfer, N., Kiesel, M., & Rainer, H. (2025, July 25). Open Science competences for digital collection curators – Training materials. Zenodo. https://doi.org/10.5281/zenodo.16423473 https://zenodo.org/records/16423474

  • Fairness of an AI system in the case of a biobank of images and imaging biomarkers. This work analyzes how to ensure fairness in artificial intelligence systems applied to biobanks of images and imaging biomarkers, an area where biases can have direct consequences for diagnoses, treatments, and clinical decisions. It examines the types of biases that may arise in the collection, annotation, and processing of biomedical data, as well as in the AI models trained on them. Ethical and legal challenges are also addressed, proposing governance frameworks and mitigation strategies to ensure that such systems are transparent, auditable, and respectful of patients’ fundamental rights.

How to cite: Colcelli, V. (2025, July 28). Fairness of an AI system in the case of a biobank of images and imaging biomarkers. In Artificial intelligence in biobanking (pp. 113–135). Routledge. https://doi.org/10.4324/9781032634487-10 https://www.taylorfrancis.com/chapters/oa-edit/10.4324/9781032634487-10/fairness-ai-system-case-biobank-images-imaging-biomarkers-valentina-colcelli

  • Open Science Competences for Digital Collection Curators – Training Materials. Training materials aimed at defining and strengthening the competences required for digital collection curators within the framework of Open Science. They address technical, organizational, ethical, and legal skills related to the management, preservation, interoperability, and reuse of data, as well as the implementation of international standards and best practices. The materials also provide tools and guidance enabling professionals to play an active role in open research infrastructures, ensuring transparency, quality, and responsibility throughout the data lifecycle.

How to cite:Ritschard, E. A., Agosti, D., Candela, G., Colcelli, V., Díez Díaz, V., Dillen, M., Giora, J., Heumann, I., Hudák, R., Islam, S., Klug, H. W., Konach, T., Palacz, J., Rajkhowa, G., Salmhofer, A., Steiner, E., Whitmire, A., Linés, C., Whyte, A., Gottwald, I., Gänsdorfer, N., Kiesel, M., & Rainer, H. (2025, July 25). Open Science competences for digital collection curators – Training materials. Zenodo. https://doi.org/10.5281/zenodo.16423473 https://zenodo.org/records/16423474

  • Fairness of an AI system in the case of a biobank of images and imaging biomarkers. This work analyzes how to ensure (fairness) in artificial intelligence systems applied to biobanks of images and imaging biomarkers, an area where biases can have direct consequences for diagnoses, treatments, and clinical decisions. It examines the types of biases that may arise in the collection, annotation, and processing of biomedical data, as well as in the AI models trained on them. Ethical and legal challenges are also addressed, proposing governance frameworks and mitigation strategies to ensure that such systems are transparent, auditable, and respectful of patients’ fundamental rights.

How to cite: Colcelli, V. (2025, July 28). Fairness of an AI system in the case of a biobank of images and imaging biomarkers. In Artificial intelligence in biobanking (pp. 113–135). Routledge. https://doi.org/10.4324/9781032634487-10 https://www.taylorfrancis.com/chapters/oa-edit/10.4324/9781032634487-10/fairness-ai-system-case-biobank-images-imaging-biomarkers-valentina-colcelli

  • Training‑of‑Trainers Course in Open Science and Evidence‑Based Decision‑Making, Module 2: “Ethical, Legal and Social Implications (ELSI) and Data Governance”. Module 2 of a training‑of‑trainers course in Open Science is presented, focusing on the ethical, legal and social implications (ELSI) and on data governance within research environments. The material addresses fundamental principles such as data protection, transparency, equity in access to information, and responsibility in the use of digital technologies. It also provides practical tools to identify risks, apply European regulatory frameworks, and promote a culture of responsible research, especially in contexts where evidence‑based decision‑making depends on sensitive data and open infrastructures.

How to cite: Evangelinou, B., Drążewski, K., Colcelli, V., Locati, M., Musidlowska, M., Brizioli, S., Shirru, L., Karabuga, E., & Cacciaguerra, S. (2025, August 29). Training‑of‑trainers course in open science and evidence‑based decision‑making, Module 2: “Ethical, legal and social implications (ELSI) and data governance”. Zenodo. https://doi.org/10.5281/zenodo.16948376 https://zenodo.org/records/16948377

  • Ethics Advisor: Minimum Viable Competence Profile. The report defines the minimum viable competence profile that an ethics advisor should possess in research projects, especially in contexts involving advanced technologies, sensitive data, and complex regulatory frameworks. Key skills are identified, such as regulatory knowledge, ethical assessment capacity, understanding of socio‑technical risks, interdisciplinary communication, and mediation between scientific teams and legal requirements. A structured framework is also proposed to professionalize this role and ensure that ethical decisions are integrated coherently and effectively throughout the project lifecycle.

How to cite:Schirru, L., Colcelli, V., Brizioli, S., Casati, S., Margoni, T., Whyte, A., Horton, L., Green, D., Dostatnia, K., Lazzeri, E., & Koteska, B. (2025, September 10). Ethics advisor: Minimum viable competence profile. Zenodo. https://doi.org/10.5281/zenodo.16922974 https://zenodo.org/records/16922975

  • Techno‑emotional projection in human–GenAI relationships: A psychological and ethical conceptual perspective. A conceptual perspective is developed on techno‑emotional projection in relationships between humans and generative artificial intelligence systems. The authors analyze how people attribute emotions, intentions, or human traits to systems that do not possess them, and examine the psychological and ethical risks of this tendency, especially in contexts of emotional vulnerability. A framework is proposed to understand these dynamics, highlighting the need to design and regulate technologies that minimize affective misunderstandings and unhealthy dependencies.

How to cite:Saracini, C., Cornejo‑Plaza, M. I., & Cippitani, R. (2025, September 16). Techno‑emotional projection in human–GenAI relationships: A psychological and ethical conceptual perspective. Frontiers in Psychology. https://doi.org/10.3389/fpsyg.2025.1662206  https://www.frontiersin.org/journals/psychology/articles/10.3389/fpsyg.2025.1662206/full

  • Use of generative artificial intelligence systems in education: Ethical‑legal evaluation of a concrete application. Analysis of the concrete application of generative artificial intelligence in the educational field and an evaluation of its ethical and legal implications. The authors examine the risks associated with the use of these systems, such as data protection, algorithmic transparency, responsibility for outcomes, and the impact on student autonomy, and propose criteria for responsible use that respects fundamental rights and existing regulatory frameworks. Normative analysis and ethical reflection are combined to guide the safe and legitimate integration of generative AI in educational contexts.

How to cite:Burzagli, L., Cornejo‑Plaza, M. I., Colcelli, V., & Cippitani, R. (2025, October). Use of generative artificial intelligence systems in education: Ethical‑legal evaluation of a concrete application. Revista de Educación y Derecho, 2025(32). https://doi.org/10.1344/REYD2025.32.51543 https://revistes.ub.edu/index.php/RED/article/view/51543

  • Some legal issues in the use of data in the digital economy. The main legal challenges arising from the intensive use of data in the digital economy are examined, particularly in relation to the protection of personal data, platform governance, algorithmic transparency, and the distribution of power between public and private actors. The authors analyze how the massive collection of data, its reuse, and its economic exploitation generate tensions with fundamental rights, and they propose criteria to balance innovation, competitiveness, and legal safeguards in increasingly complex digital environments.

How to cite: Cippitani, R., & Cornejo‑Plaza, M. I. (2025). Some legal issues in the use of data in the digital economy. Integración Regional & Derechos Humanos / Regional Integration & Human Rights Review, 13(1), 55–87. ISSN 2346‑9196 https://www.researchgate.net/publication/394276293_Cippitani_R_Cornejo-Plaza_MI_2025_Algunos_problemas_juridicos_del_uso_de_los_datos_en_la_economia_digital_in_Integracion_Regional_Derechos_Humanos_Revista_-_Regional_Integration_Human_Rights_Review_An

  • The Council of Europe and the evolution of the International Law of the Sea: What role for the Parliamentary Assembly and the Commissioner for Human Rights? The Council of Europe is not a specialized organization in the Law of the Sea, but it does influence its evolution when human rights are at stake. Two actors are key: the Parliamentary Assembly (PACE), which promotes resolutions and recommendations urging States to respect their international obligations at sea; and the Commissioner for Human Rights, who denounces abuses through reports, visits, and public statements. Their intervention is particularly relevant in areas such as migrant rescue, protection of the right to life, state responsibility in maritime operations, and violations at maritime borders. Although it does not create maritime norms, the Council of Europe shapes the interpretation and application of the Law of the Sea by introducing a human‑rights‑centred perspective.

How to cite: Sanz Caballero, S. (2025). The Council of Europe and the evolution of the International Law of the Sea: What role for the Parliamentary Assembly and the Commissioner for Human Rights? In The Presence of International Organizations in the Evolution of the International Law of the Sea (pp. 224–247). Brill. https://doi.org/10.1163/9789004716315_013 https://repositorioinstitucional.ceu.es/entities/publication/fb98f62a-b2db-44f9-9925-

Sovereignty

  • Ukraine and the EU Enlargement: What Is the Law and Which Is the Way Forward? European Journal of Risk Regulation. The article examines the process of Ukraine’s accession to the European Union, highlighting the legal and political challenges it poses in a context of war and institutional crisis, and emphasizing the need to balance enlargement rules with political decisions that ensure coherence and credibility in the European commitment.

How to cite: Kochenov, D. V., & Basheska, E. (2025). Ukraine and the EU enlargement: What is the law and which is the way forward? European Journal of Risk Regulation, 1–17. https://doi.org/10.1017/err.2025.23 https://www.cambridge.org/core/journals/european-journal-of-risk-regulation/article/ukraine-and-the-eu-enlargement-what-is-the-law-and-which-is-the-way-forward/718BB99F6D3244B1E42D20A6EE244154

  • The EU’s defence policy in the face of war: From non‑existence to inconsistency. The European Union still lacks a genuine defence policy, since the Common Security and Defence Policy (CSDP) is not designed for the territorial defence of the EU but rather for external missions aimed at maintaining peace and international security. Based on an analysis of the legal framework of the Treaty on European Union and the impact of the war in Ukraine, the article shows how the EU has reacted in a delayed, fragmented, and insufficient manner, revealing inconsistencies between its strategic ambitions and its actual capabilities. It concludes that the EU is at a critical juncture in which it must decide whether to move toward an effective common defence or maintain a model incapable of responding to contemporary threats.

How to cite: Bar Cendón, A. (2025). La política de defensa de la UE ante la guerra: de la inexistencia a la inconsistencia. Revista de las Cortes Generales, (119), pp. 33–100. https://doi.org/10.33426/rcg/2025/119 https://revista.cortesgenerales.es/rcg/issue/view/120

  • Does CFSP co‑ordination foster convergence? Voting behavior on nuclear weapons at the UN General Assembly. The study examines whether coordination within the European Union’s Common Foreign and Security Policy (CFSP) actually leads to greater convergence among Member States in their voting on nuclear weapons at the UN General Assembly. Based on a longitudinal analysis of resolutions from 1979 to 2022, it shows that although formal CFSP coordination does not significantly increase convergence, it does maintain stable levels of consensus, contrary to what many theories of European integration would predict. The study reveals that external factors influence voting behavior more than the EU’s internal coordination mechanisms, such as geopolitical tensions, international pressures, or shifts in the global order.

How to cite: Portela, C., Onderco, M., & Vignoli, V. (2025). Does CFSP co‑ordination foster convergence? Voting behavior on nuclear weapons at the UN General Assembly. Contemporary Security Policy, 46(4), 1171–1196. https://doi.org/10.1080/13523260.2025.2551632 https://www.tandfonline.com/doi/full/10.1080/13523260.2025.2551632

  • The Global South and the contestation of unilateral sanctions against Russia. The article examines how states of the Global South have articulated, for decades, a normative critique of unilateral sanctions, a critique that has intensified following Western measures against Russia after the invasion of Ukraine. Through an analysis of speeches and resolutions at the UN General Assembly, the authors show that these countries view unilateral sanctions as lacking legal legitimacy, violating principles of sovereignty, and generating disproportionate effects on civilian populations. The study reveals that this contestation does not necessarily imply support for Russia, but rather a defense of an international order less dominated by Western powers and more firmly grounded in multilateral frameworks.

How to cite: Palestini, S., & Portela, C. (2025). The Global South and the contestation of unilateral sanctions against Russia. Cooperation and Conflict, 0(0). https://doi.org/10.1177/00108367251327683 https://journals.sagepub.com/doi/10.1177/00108367251327683

  • E‑Governance and the Philippines: A European Perspective. Analysis of the development of electronic governance in the Philippines from a perspective compared with the European Union. The EU has built a digital governance model based on transparency, interoperability, data protection, digital identity, and online public services, and the study evaluates the extent to which these principles can serve as a reference for the Philippines. Structural challenges in the country are addressed, such as the digital divide, administrative fragmentation, cybersecurity, territorial inequalities, and the lack of technological integration, and the discussion explores how EU–Philippines cooperation can strengthen Philippine institutional capacity. Opportunities are also examined in areas such as digital identity, citizen participation, public‑service digitalization, and regulatory frameworks for AI.

How to cite:Troitiño, D. R., Nowak, W., & Skuja, I. (2025, February). E‑Governance and the Philippines: A European perspective. Paper presented at the conference EU and the Philippines, University of the Philippines Diliman, Manila.  https://www.researchgate.net/publication/389206595_E-Governance_and_the_Philippines_A_European_Perspective

  • The Baltic States and Europeanism in the Interwar Period: The Implementation of a European Model Antagonist to Soviet Structure. Estonia, Latvia, and Lithuania developed during the interwar period a political and cultural model oriented toward Western Europe, in direct contrast with the emerging Soviet structure. The study examines the construction of Europeanist national identities, the adoption of democratic institutions, and the pursuit of integration into international frameworks such as the League of Nations. Interwar Europeanism not only functioned as an alternative to the Soviet model but also laid the foundations for the future reintegration of the Baltic States into the European project after 1991.

How to cite: Troitiño, D. R. (2025, March). The Baltic States and Europeanism in the interwar period: The implementation of a European model antagonist to Soviet structure. In International Society and Europeanism (pp. 9–21). Springer Nature. https://doi.org/10.1007/978-3-031-66077-1_2 https://link.springer.com/chapter/10.1007/978-3-031-66077-1_2

  • The EARS project: A new concept for a European reusable smallsat platform. The EARS project is presented as an innovative European platform for reusable small satellites, designed to reduce costs, increase efficiency, and improve sustainability in space missions. The text describes key technological advances, the modular architecture of the system, and the reuse capabilities that enable faster and more economical mission cycles. It also analyzes the technical and operational challenges associated with reusability in the smallsat sector, as well as the project’s potential impact on Europe’s competitiveness within the global space market.

How to cite:Raimondi, V., Addario, G. E., Barato, F., Bordoli, L., Brizioli, S., Colcelli, V., Del Monte, S., Denis, A., Gerolin, L., Gutierrez Briceño, J., Helber, B., Kazakevicius, A., Kirstukas, P., Marey Oton, R., Medici, G., Milza, F., Molina Delgado, A., Pelli, S., Ricciarini, S. B., & Scirè, G. (2025, March 20). The EARS project: A new concept for a European reusable smallsat platform. Small Satellites Systems and Services Symposium (4S 2024) (Vol. 13546, pp. 1743–1750). SPIE. https://doi.org/10.1117/12.3004735

https://www.spiedigitallibrary.org/conference-proceedings-of-spie/12791/3004735/Graph-convolutional-network-with-target-attention-for-aspect-based-sentiment/10.1117/12.3004735.short

  • Geopolitical risks for the European Union in Latin America and the Caribbean. The article analyzes the main geopolitical risks faced by the European Union in Latin America and the Caribbean in a context of increasing international competition. It examines how the strategic presence of China, the United States, and Russia in the region affects European interests in areas such as trade, energy, security, infrastructure, and democratic governance. The text also assesses the EU’s vulnerability to the loss of political and economic influence, as well as the challenges stemming from institutional instability, shifting political orientations in Latin American governments, and the growing contest over strategic resources. It argues that the EU must redefine its strategy toward the region in order to maintain relevance and protect its interests.

How to cite: Martín Bartesaghi, I., De María Calvelo, N., & Troitiño, D. R. (2025, April). Geopolitical risks for the European Union in Latin America and the Caribbean. European Studies, 11(1), 200–224. https://doi.org/10.2478/eustu-2024-0009 https://reference-global.com/article/10.2478/eustu-2024-0009

  • E‑Governance in the European Union. Analysis of the development of electronic governance in the European Union, highlighting how the digitalization of administrative processes, electronic identity, interoperability, and digital public services have become pillars of the EU’s institutional transformation. The text examines the EU Digital Strategy, including the Digital Single Market, the GDPR, the Digital Decade, and ethical frameworks for AI, showing how these policies aim to strengthen efficiency, transparency, and democratic participation. It also assesses key challenges: digital divides among Member States, cybersecurity, technological sovereignty, and the need for supranational coordination to consolidate a European model of digital governance.

How to cite: Troitiño, D. R. (2025, April). E‑Governance in the European Union. Paper presented at the Inauguration of the Jean Monnet Centre of Excellence, Kyushu University, Japan. https://www.researchgate.net/publication/391108211_E-Governance_in_the_European_Union

  • Never Mind the Law Again: Commission v. Malta (C‑181/23). Analysis of the judgment Commission v. Malta (C‑181/23) offering a critique of the Court of Justice of the European Union’s use of EU law for political purposes to restrict national sovereignty in matters of citizenship, thereby weakening legal certainty and intensifying tensions between Member States and the EU’s supranational dimension.

How to cite: Kochenov, D. (2025, April 30). Never mind the law again: Commission v. Malta (C‑181/23). EU Law Live. http://dx.doi.org/10.2139/ssrn.5250707 https://eulawlive.com/op-ed-never-mind-the-law-again-commission-v-malta-c-181-23/

  • E‑Governance in Estonia: A Digital Vanguard and Its Implications for EU Governance. The article analyzes Estonia’s e‑governance model, considered one of the most advanced in the world, and examines how this highly digitalized system—based on universal electronic identity, administrative interoperability, and fully online public services—has become a reference point for the European Union. It explains that Estonia acts as a digital vanguard, demonstrating how digitalization can enhance state efficiency, transparency, and citizen participation. The text also evaluates the implications of this model for EU governance, particularly in areas such as digital sovereignty, cybersecurity, administrative integration, and the development of common policies within the European digital market.

How to cite: Troitiño, D. R. (2025, May). E‑Governance in Estonia: A digital vanguard and its implications for EU governance. Paper presented at the conference Estonia and the EU, University of Salamanca. https://www.researchgate.net/publication/392197185_E-Governance_in_Estonia_A_Digital_Vanguard_and_Its_Implications_for_EU_Governance

  • The Baltic Republics and the First Symptoms of the USSR’s Dissolution. The article analyzes how Estonia, Latvia, and Lithuania maintained a distinct political and social identity within the USSR despite Stalinist repression and the apparent stability that followed. It explains that the Soviet system’s inability to sustain a coherent socioeconomic model created deep fissures that fueled demands for reform. The Baltic Republics took advantage of this context to articulate political and social alternatives that anticipated the Soviet collapse, becoming one of the earliest visible focal points of the regime’s disintegration.

How to cite: Troitiño, D. R. (2025, July). The Baltic Republics and the first symptoms of the USSR’s dissolution. Pasado y Memoria: Revista de Historia Contemporánea, 31, 17–34. https://doi.org/10.14198/pasado.28896 https://pasadoymemoria.ua.es/article/view/28896

  • Foreword: The Baltic Way. Introduction to the dossier dedicated to the Baltic Way, the nearly 600‑km human chain that linked Estonia, Latvia, and Lithuania on 23 August 1989. The text explains that this massive, peaceful, citizen‑led mobilization symbolized the struggle against Soviet totalitarianism and the demand for freedom, democracy, and national sovereignty. It also highlights the role of civic activism in resisting occupation and in shaping a European project grounded in cooperation, historical memory, and the defence of democratic values.

How to cite: Troitiño, D. R. (2025, July). Foreword: The Baltic Way. Pasado y Memoria: Revista de Historia Contemporánea, 31, 1–8. https://doi.org/10.14198/pasado.30186 https://pasadoymemoria.ua.es/article/view/30186

  • Opinion on the Violation of Estonian Airspace by Russia. Academic analysis of the incursion of three Russian MIG‑31 fighter jets into Estonian airspace on 19 September 2025, an event described by Tallinn and NATO as an “unprecedented” violation and a serious provocation. The incident is examined from the perspective of European security, emphasizing its strategic significance within the broader context of rising tensions between Russia and NATO. The text also assesses the implications for the Baltic States, the immediate response of the Atlantic Alliance, and the impact that such actions have on regional stability and the European security architecture.

How to cite: Troitiño, D. R. (2025, October). Opinión sobre la violación del espacio aéreo de Estonia por parte de Rusia. Universidad Tecnológica de Tallin. https://www.researchgate.net/publication/396055489_Opinion_sobre_la_violacion_del_espacio_aereo_de_Estonia_por_parte_de_Rusia

  • International Society and Europeanism: The Countries of Eastern Europe. The text analyzes how the countries of Eastern Europe have historically related to the idea of Europeanism and to the frameworks of international society, particularly in contexts of political transformation, geopolitical tensions, and identity redefinition. It explores processes such as the construction of national identities oriented toward Europe; the tension between European democratic models and inherited authoritarian structures; the influence of Russia and other external actors in the region; European integration as a political, legal, and civilizational project; and the contemporary challenges arising from wars, disinformation, and democratic backsliding.

How to cite: Kerikmäe, T., Troitiño, D. R., & Pérez Sánchez, G. Á. (Eds.). (2025). International society and Europeanism: The countries of Eastern Europe. Springer Nature Switzerland. https://doi.org/10.1007/978-3-031-66077-1 https://link.springer.com/book/10.1007/978-3-031-66077-1

  • Roads Suddenly Split? Power‑Sharing in Hungary and Poland. The article examines the divergent evolution of power‑sharing models in Hungary and Poland, two countries that initially followed similar trajectories in the consolidation of illiberal governments. Despite sharing patterns of power concentration and the weakening of institutional checks and balances, both states have developed distinct dynamics in the relationship between the executive, the legislature, and the judiciary. These differences stem from both constitutional factors and specific political strategies, helping to explain why institutional transformations in the two countries, although comparable, have taken paths that are no longer parallel.

How to cite: Szente, Z., & Brzozowski, W. (2025). Roads suddenly split? Power‑sharing in Hungary and Poland. International Journal of Constitutional Law. https://doi.org/10.1093/icon/moaf051 https://academic.oup.com/icon/advance-article-abstract/doi/10.1093/icon/moaf051/8325569

LEAVE A REPLY

Please enter your comment!
Please enter your name here