When establishing constitutional rules that regulate political parties, liberal democracies struggle between civil liberties—thus tolerating anti-democratic parties—and potential threats of democratic breakdown, which can be reduced by prosecuting and prohibiting anti-democratic parties. We suggest that liberal democracies must balance false positives and false negatives by combining ex ante and ex post regulatory mechanisms. By making use of a unique dataset of thirty-seven liberal democracies collected by the authors, we find empirical results consistent with our positive theory. An extensive review of the normative debate and case law provides additional qualitative support.
{"title":"Regulating Parties by Constitutional Rules in Liberal Democracies","authors":"Catarina Santos Botelho, Nuno Garoupa","doi":"10.1017/glj.2023.117","DOIUrl":"https://doi.org/10.1017/glj.2023.117","url":null,"abstract":"\u0000 When establishing constitutional rules that regulate political parties, liberal democracies struggle between civil liberties—thus tolerating anti-democratic parties—and potential threats of democratic breakdown, which can be reduced by prosecuting and prohibiting anti-democratic parties. We suggest that liberal democracies must balance false positives and false negatives by combining ex ante and ex post regulatory mechanisms. By making use of a unique dataset of thirty-seven liberal democracies collected by the authors, we find empirical results consistent with our positive theory. An extensive review of the normative debate and case law provides additional qualitative support.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"7 5","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139002552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this Article we analyze whether and how the legal reactions to COVID-19 brought permanent changes to three main areas that are at the very basis of the study of comparative constitutional law: the horizontal separation of powers in different forms of government; the vertical separation of powers and its effects on forms of state; and the reviewability of limitations to human rights and personal freedoms by bodies exercising constitutional review. Rather than just examining and categorizing the reactions, we search for the political, institutional, factual, and sometimes even cultural rationales at the basis of each trend. Our claim is that COVID-19 was a driving force for relevant changes in the three analyzed areas, but we also recognize that these changes did not come “out of the blue,” as they were already “latent” in considered legal systems. The analysis demonstrates that the traditional categories we use to classify the forms of government, forms of state, and the mechanisms of constitutional review, although being useful paradigms to study these topics, have in themselves the potential to be “stretched,” and even unhinged, when global and long-lasting emergencies, as COVID-19, are in place.
{"title":"New Dynamics of the “Post-COVID-19 Era”: A Legal Conundrum","authors":"Arianna Vedaschi, Chiara Graziani","doi":"10.1017/glj.2023.116","DOIUrl":"https://doi.org/10.1017/glj.2023.116","url":null,"abstract":"\u0000 In this Article we analyze whether and how the legal reactions to COVID-19 brought permanent changes to three main areas that are at the very basis of the study of comparative constitutional law: the horizontal separation of powers in different forms of government; the vertical separation of powers and its effects on forms of state; and the reviewability of limitations to human rights and personal freedoms by bodies exercising constitutional review. Rather than just examining and categorizing the reactions, we search for the political, institutional, factual, and sometimes even cultural rationales at the basis of each trend. Our claim is that COVID-19 was a driving force for relevant changes in the three analyzed areas, but we also recognize that these changes did not come “out of the blue,” as they were already “latent” in considered legal systems. The analysis demonstrates that the traditional categories we use to classify the forms of government, forms of state, and the mechanisms of constitutional review, although being useful paradigms to study these topics, have in themselves the potential to be “stretched,” and even unhinged, when global and long-lasting emergencies, as COVID-19, are in place.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"30 9","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139007706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the Anglophone world of law, the German legal historian and legal theorist Cornelia Vismann (1961–2010) is best known as an acute interpreter of French high theory, especially of Jacques Derrida, Jacques Lacan, and Michel Foucault. This type of reception is, I argue, somewhat distorted. For her English-speaking colleagues, French “poststructuralism” provides the interface that enables Vismann to enter into shared discursive constellations with her Anglo-American critical legal colleagues. But at the same time, such a reception also downplays the very specifically German soil from which her unique scholarship arose. This Article discusses Vismann’s German background as media theory, the discipline that she was mostly associated with by her compatriots. The Article then assesses what Vismann’s media-theoretical contributions potentially offer to the contemporary study of law. For this “other Vismann,” the media-theoretical study of law was, I suggest, a practically oriented critical discipline that focused on law’s “cultural techniques” and how they operated. I also briefly touch upon what is generally known as “German media theory” through key figures such as Friedrich A. Kittler and Bernhard Siegert.
在以英语为母语的法律界，德国法律历史学家和法律理论家科妮莉亚·维斯曼(1961-2010)最为人所知的是她对法国高级理论的敏锐阐释，尤其是对雅克·德里达、雅克·拉康和米歇尔·福柯的阐释。我认为，这种接受方式有些扭曲。对于她说英语的同事来说，法国的“后结构主义”提供了一个接口，使维斯曼能够与她的英美批判性法律同事进入共同的话语星座。但与此同时，这样的接待也低估了她独特的学术成就产生的特殊的德国土壤。本文将维斯曼的德国背景作为媒介理论来讨论，这是她的同胞们最常联想到的学科。文章随后评估了维斯曼的媒体理论贡献对当代法律研究的潜在贡献。对于这个“另一个维斯曼”，我认为，法律的媒介理论研究是一门以实践为导向的批判学科，它关注法律的“文化技术”及其运作方式。我还通过弗里德里希·基特勒(Friedrich A. Kittler)和伯恩哈德·西格特(Bernhard Siegert)等关键人物简要介绍了所谓的“德国媒介理论”。
{"title":"Media, Cultural Techniques, and the Law: The Other Cornelia Vismann","authors":"P. Minkkinen","doi":"10.1017/glj.2023.115","DOIUrl":"https://doi.org/10.1017/glj.2023.115","url":null,"abstract":"\u0000 In the Anglophone world of law, the German legal historian and legal theorist Cornelia Vismann (1961–2010) is best known as an acute interpreter of French high theory, especially of Jacques Derrida, Jacques Lacan, and Michel Foucault. This type of reception is, I argue, somewhat distorted. For her English-speaking colleagues, French “poststructuralism” provides the interface that enables Vismann to enter into shared discursive constellations with her Anglo-American critical legal colleagues. But at the same time, such a reception also downplays the very specifically German soil from which her unique scholarship arose. This Article discusses Vismann’s German background as media theory, the discipline that she was mostly associated with by her compatriots. The Article then assesses what Vismann’s media-theoretical contributions potentially offer to the contemporary study of law. For this “other Vismann,” the media-theoretical study of law was, I suggest, a practically oriented critical discipline that focused on law’s “cultural techniques” and how they operated. I also briefly touch upon what is generally known as “German media theory” through key figures such as Friedrich A. Kittler and Bernhard Siegert.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"2 12","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In 2021, the German and Namibian governments published a Joint Declaration as a result of their negotiations on reparations. Ovaherero and Nama representatives strongly criticized the violation of their participation rights during the negotiations and the reproduction of colonial racism. In 2023, a lawsuit was filed with the Namibian High Court. This litigation could become a milestone in the history of legal struggles for reparations for colonial crimes worldwide. In addition to the litigation, several United Nations Special Rapporteurs were contacted and published their joint communication in April 2023, essentially confirming the lack of effective participation and the obligation to grant reparations. This Article gives an overview of the most important historical events during German colonial rule and the most significant efforts to legally come to terms with it since 2006. It analyzes the main legal issues in this context: Have the acts committed by German colonial troops violated the laws in force at the time? Is the current application of the doctrine of intertemporal law by the governments a reproduction of racism? Might it be a new act of racism? What challenges and limits do courts face when they attempt to retrospectively reconstruct legal systems and legal norms in force 100 years ago? Does the German state have a legal obligation to enter into negotiations over reparations? What participation rights do affected communities have in processes of legal reappraisal of colonialism? In view of the growing demands for reparations worldwide, it is timely to deal with the underlying legal issues in an exemplary manner. The legal intervention of the German-Namibian reappraisal could set a precedent. The Article aims at establishing minimum legal standards for reparations processes for colonial crimes worldwide.
{"title":"Minimum Legal Standards in Reparation Processes for Colonial Crimes: The Case of Namibia and Germany","authors":"Karina Theurer","doi":"10.1017/glj.2023.81","DOIUrl":"https://doi.org/10.1017/glj.2023.81","url":null,"abstract":"Abstract In 2021, the German and Namibian governments published a Joint Declaration as a result of their negotiations on reparations. Ovaherero and Nama representatives strongly criticized the violation of their participation rights during the negotiations and the reproduction of colonial racism. In 2023, a lawsuit was filed with the Namibian High Court. This litigation could become a milestone in the history of legal struggles for reparations for colonial crimes worldwide. In addition to the litigation, several United Nations Special Rapporteurs were contacted and published their joint communication in April 2023, essentially confirming the lack of effective participation and the obligation to grant reparations. This Article gives an overview of the most important historical events during German colonial rule and the most significant efforts to legally come to terms with it since 2006. It analyzes the main legal issues in this context: Have the acts committed by German colonial troops violated the laws in force at the time? Is the current application of the doctrine of intertemporal law by the governments a reproduction of racism? Might it be a new act of racism? What challenges and limits do courts face when they attempt to retrospectively reconstruct legal systems and legal norms in force 100 years ago? Does the German state have a legal obligation to enter into negotiations over reparations? What participation rights do affected communities have in processes of legal reappraisal of colonialism? In view of the growing demands for reparations worldwide, it is timely to deal with the underlying legal issues in an exemplary manner. The legal intervention of the German-Namibian reappraisal could set a precedent. The Article aims at establishing minimum legal standards for reparations processes for colonial crimes worldwide.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135635168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Contrary to predominant European constitutional narratives assuming the alignment between the European Union legal framework and national constitutional orders, this Article points at the current misalignment between the prevailingly purposive European Union institutional order and the prevailingly open character of the Democratic and Social Constitutional State. The evolutionary trajectories leading to the current status quo are examined by distinguishing an age of openness, in which the institutional frameworks of both the European Economic Communities and the Democratic and Social Constitutional State lent themselves to a range of competing legislative renderings, from an age of purposiveness opened by the Treaty of Maastricht, in which a neoliberal policy agenda was gradually entrenched in the Treaties, with the result of undermining the adaptability and inclusiveness of European public law structures. To counter this development, this Article identifies in a drastic deconstitutionalization of the Economic and Monetary Union the key move to favor the realignment of the European Union and the Democratic and Social Constitutional State.
{"title":"Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State","authors":"Marco Dani","doi":"10.1017/glj.2023.79","DOIUrl":"https://doi.org/10.1017/glj.2023.79","url":null,"abstract":"Abstract Contrary to predominant European constitutional narratives assuming the alignment between the European Union legal framework and national constitutional orders, this Article points at the current misalignment between the prevailingly purposive European Union institutional order and the prevailingly open character of the Democratic and Social Constitutional State. The evolutionary trajectories leading to the current status quo are examined by distinguishing an age of openness, in which the institutional frameworks of both the European Economic Communities and the Democratic and Social Constitutional State lent themselves to a range of competing legislative renderings, from an age of purposiveness opened by the Treaty of Maastricht, in which a neoliberal policy agenda was gradually entrenched in the Treaties, with the result of undermining the adaptability and inclusiveness of European public law structures. To counter this development, this Article identifies in a drastic deconstitutionalization of the Economic and Monetary Union the key move to favor the realignment of the European Union and the Democratic and Social Constitutional State.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"35 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135819906","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract With the promulgation of the Autonomous Driving Act in summer 2021, Germany took the worldwide lead on regulating self-driving cars. This Article discusses the (non-)regulation of moral dilemmas in this act. To this end, it clarifies the role of the so-called trolley problem, which influenced the report of the German Ethics Commission that paved the way for this act in particular and the relationship between philosophical reasoning, empirical studies, and the law in general. By introducing the international legal community to the (non-)regulation of moral dilemmas in the German act, the Article critically reviews the German goal, which is to serve as a European and international role model. This will be preceded by a discussion as to why self-driving cars should be allowed as well as the moral dilemmas they cause which should be regulated by the law.
{"title":"How to Regulate Moral Dilemmas Involving Self-Driving Cars: The 2021 German Act on Autonomous Driving, the Trolley Problem, and the Search for a Role Model","authors":"Lando Kirchmair","doi":"10.1017/glj.2023.83","DOIUrl":"https://doi.org/10.1017/glj.2023.83","url":null,"abstract":"Abstract With the promulgation of the Autonomous Driving Act in summer 2021, Germany took the worldwide lead on regulating self-driving cars. This Article discusses the (non-)regulation of moral dilemmas in this act. To this end, it clarifies the role of the so-called trolley problem, which influenced the report of the German Ethics Commission that paved the way for this act in particular and the relationship between philosophical reasoning, empirical studies, and the law in general. By introducing the international legal community to the (non-)regulation of moral dilemmas in the German act, the Article critically reviews the German goal, which is to serve as a European and international role model. This will be preceded by a discussion as to why self-driving cars should be allowed as well as the moral dilemmas they cause which should be regulated by the law.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"35 17","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135819737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The burgeoning literature on the democratic deficit of international organizations, and the United Nations in particular, has, for the most part, inherited a pervasive state-centrism commonly associated with conventional approaches to international law more generally. While this approach is understandable, it appears incompatible with a holistic account of democracy, especially accounts that seek to situate the locus of power within the individual . Drawing on attempts to empower individual citizens to influence global governance decision-making in other contexts—especially the experience of the European Citizens’ Initiative—this Article considers a bold idea: The establishment of a “World Citizens’ Initiative,” through which individuals could directly influence the agenda of the primary organs of the United Nations. This Article critically analyzes the legal feasibility of such an initiative and the challenges of implementation. In doing so, it offers both a theoretical and institutional contribution to the debate about the normative case for the democratization of global governance through effective citizen participation.
{"title":"Global Participatory Democracy through a UN World Citizens’ Initiative? Mapping the Theoretical and Institutional Terrain","authors":"Ben L. Murphy, James Organ","doi":"10.1017/glj.2023.78","DOIUrl":"https://doi.org/10.1017/glj.2023.78","url":null,"abstract":"Abstract The burgeoning literature on the democratic deficit of international organizations, and the United Nations in particular, has, for the most part, inherited a pervasive state-centrism commonly associated with conventional approaches to international law more generally. While this approach is understandable, it appears incompatible with a holistic account of democracy, especially accounts that seek to situate the locus of power within the individual . Drawing on attempts to empower individual citizens to influence global governance decision-making in other contexts—especially the experience of the European Citizens’ Initiative—this Article considers a bold idea: The establishment of a “World Citizens’ Initiative,” through which individuals could directly influence the agenda of the primary organs of the United Nations. This Article critically analyzes the legal feasibility of such an initiative and the challenges of implementation. In doing so, it offers both a theoretical and institutional contribution to the debate about the normative case for the democratization of global governance through effective citizen participation.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"73 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135868175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract If Derrida once praised English for the richness of the expression “to enforce the law,” in this article I return the favor and embrace the ambiguity of the French word endroit . While it means nothing more than place , I suggest one could draw from Benjamin’s work on dwelling to ponder on the meaning of being within the spaces of 19 th century (counter) revolutionary internationalism. In this vein, I read Benjamin’s unfinished Arcades Project —and, in particular, its analysis of the rise of iron & glass architecture that accompanied the conquering bourgeois and the persistent aristocracy—to analyze the new built environments of the fin de siècle North Atlantic diplomacy. Despite the growing interest in the history of global governance, for historians and critical legal scholars alike, the spatial dimension of “the international” have been a largely unexplored affair. Conversely, I suggest Benjamin’s insistence on the materiality of architecture reminds us that international law’s castles were not built solely in the air. In this vein, I suggest one can trace a material history of the spaces in which revolutionary and counterrevolutionary internationalisms struggled to fashion a shell for themselves during Europe’s turbulent 19 th century.
如果说德里达曾称赞英语中“to enforcement the law”一词的丰富性，那么在本文中，我也同样赞扬了法语单词endroit的含混性。虽然它的意思只不过是地方，但我建议人们可以从本雅明关于居住的著作中吸取教训，思考处于19世纪(反革命)国际主义空间中的意义。本着这种精神，我读了本雅明未完成的《拱廊计划》——尤其是它对钢铁崛起的分析。伴随着征服的资产阶级和坚持不懈的贵族的玻璃建筑——分析最后一刻北大西洋外交的新建筑环境。尽管人们对全球治理的历史越来越感兴趣，但对于历史学家和批判性法律学者来说，“国际”的空间维度在很大程度上是一个未被探索的事情。相反，我认为本雅明对建筑物质性的坚持提醒我们，国际法的城堡并不仅仅是建在空中的。在这种脉络下，我建议人们可以追溯革命和反革命国际主义在欧洲动荡的19世纪挣扎着为自己打造外壳的空间的物质历史。
{"title":"<i>Endroits</i> of Planetary Ordering: Violence, Law, Space, & Capital in the Diplomatic History of 19<sup>th</sup> Century Europe","authors":"Daniel R. Quiroga-Villamarín","doi":"10.1017/glj.2023.82","DOIUrl":"https://doi.org/10.1017/glj.2023.82","url":null,"abstract":"Abstract If Derrida once praised English for the richness of the expression “to enforce the law,” in this article I return the favor and embrace the ambiguity of the French word endroit . While it means nothing more than place , I suggest one could draw from Benjamin’s work on dwelling to ponder on the meaning of being within the spaces of 19 th century (counter) revolutionary internationalism. In this vein, I read Benjamin’s unfinished Arcades Project —and, in particular, its analysis of the rise of iron & glass architecture that accompanied the conquering bourgeois and the persistent aristocracy—to analyze the new built environments of the fin de siècle North Atlantic diplomacy. Despite the growing interest in the history of global governance, for historians and critical legal scholars alike, the spatial dimension of “the international” have been a largely unexplored affair. Conversely, I suggest Benjamin’s insistence on the materiality of architecture reminds us that international law’s castles were not built solely in the air. In this vein, I suggest one can trace a material history of the spaces in which revolutionary and counterrevolutionary internationalisms struggled to fashion a shell for themselves during Europe’s turbulent 19 th century.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"35 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135819905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Faced with a changing geopolitical environment, the European Union has embarked on a legislative program to upgrade its unilateral trade instruments toolbox. By reforming existing instruments—for example, anti-dumping—and by adding new instruments to the European Commission’s toolbox (foreign subsidies instrument, international procurement instrument, anti-coercion instrument, and others), the EU legislature is significantly strengthening the position of the Commission in the governance of unilateral trade policy in the EU. This development raises accountability questions. By means of a comparative analysis of democratic accountability in unilateral trade policy in the United States and the EU, I describe this transformation of executive power in the EU and I argue that a further strengthening of democratic accountability mechanisms is needed to match the Commission’s growing responsibilities in this underexamined corner of EU trade policy.
{"title":"Imperial Presidency Versus Fragmented Executive? Unilateral Trade Measures and Executive Accountability in the European Union and the United States","authors":"Thomas Verellen","doi":"10.1017/glj.2023.80","DOIUrl":"https://doi.org/10.1017/glj.2023.80","url":null,"abstract":"Abstract Faced with a changing geopolitical environment, the European Union has embarked on a legislative program to upgrade its unilateral trade instruments toolbox. By reforming existing instruments—for example, anti-dumping—and by adding new instruments to the European Commission’s toolbox (foreign subsidies instrument, international procurement instrument, anti-coercion instrument, and others), the EU legislature is significantly strengthening the position of the Commission in the governance of unilateral trade policy in the EU. This development raises accountability questions. By means of a comparative analysis of democratic accountability in unilateral trade policy in the United States and the EU, I describe this transformation of executive power in the EU and I argue that a further strengthening of democratic accountability mechanisms is needed to match the Commission’s growing responsibilities in this underexamined corner of EU trade policy.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"24 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135820076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"The Systemic and the Particular in European Law—Judicial Cooperation in Criminal Matters – ERRATUM","authors":"Leandro Mancano","doi":"10.1017/glj.2023.77","DOIUrl":"https://doi.org/10.1017/glj.2023.77","url":null,"abstract":"An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135883905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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