Recently, the leaders of nine European states, out of 46 Council of Europe members, issued a joint statement calling for a fundamental revision of the interpretation of the European Convention on Human Rights (‘ECHR’) on immigration issues. Initially pioneered by Italy and Denmark, and supported by Austria, Belgium, Czechia, Estonia, Latvia, Lithuania, and Poland, the statement acknowledges commitment to a rule-based international order and “universal and everlasting” ideas underpinning the ECHR, yet questions whether existing treaties match contemporary challenges of immigration. It urges the European Court of Human Rights (‘ECtHR’) to revise its previously adopted interpretations, accusing it of “extend[ing] the scope of the Convention too far as compared with the original intentions”, limiting the governments’ discretion in protecting their “democratic societies and […] populations”, instead “result[ing] in the protection of the wrong people”. The governments call for “restor[ing] the right balance”, arguing that national security, as “the highest priority”, should leave more room for domestic decision-making. Politicians from other states, e.g., the United Kingdom’s shadow home secretary, followed up, declaring that…
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EU Court of Justice finds Malta ‘golden passports’ scheme incompatible with EU law
In an interesting and important decision of the Court of Justice of the EU, sitting as a Grand Chamber in Commission v Malta (Citizenship by Investment) [2024] EUECJ C-181/23, the Court has found that Malta’s 2020 ‘investor citizenship’ scheme is incompatible with EU law, in particular with the principle of sincere cooperation enshrined in article 4(3)…
Pitfalls and Solutions to the Annulment Procedure of PMAC Arbitral Awards
This article discusses the newly established Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC), highlights certain issues about the judicial review of PMAC arbitral awards in annulment proceedings, and suggests three workarounds. The PMAC was established in 2023 by the Agreement on a Unified Patent Court (UPCA) and it is expected…
“Suspension of Citizenship” in the Hungarian Constitution: On Statelessness, Bull**** and Authoritarian Lawmaking
An ancient and beloved Hungarian folktale is the story of King Matthias and the Clever Girl. According to the story, King Matthias the Just, who often wandered about Hungary in disguise to see how the plain folk were living, was insulted by a village alderman. Matthias, upon his return to court, decreed that the alderman should…
International Law as a Common Heritage of Mankind
In 1990, when the European Journal of International Law (EJIL) had its first issue, its founders, including myself, obviously stressed in their first editorial the link between international law and the construction of the European Union. The socio-political context in which the Journal had just been launched was very different from that which prevails today.
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