Showing posts with label rule of law. Show all posts
Showing posts with label rule of law. Show all posts

Friday, July 31, 2026

Chaos in Massive Illegal Crossings into the E.U.: The Case of Ceuta

Even though the default absolutist notion of national sovereignty has consistently undercut global efforts to combat climate change and rid the world of nuclear weapons and even war itself, to disregard territorial sovereignty altogether is also problematic. Interestingly, both extremes treat international relations as a Hobbesian state of nature, and disregarding national sovereignty even extends the state of nature to within a country such that even national government is presumed not to exist. Illegal immigration is a case in point. When sixty thousand North Africans illegally entered Ceuta in the E.U. on July 30, 2026, the utter disrespect for the rule of law as well as the E.U.’s territorial integrity and legitimacy was palpable.


The full essay is at "Chaos in Massive Illegal Crossings into the E.U."


Friday, July 10, 2026

Georgia and Georgia: Aspiring and Settled States

While one Georgia was secure as a member-state in the U.S., another Georgia was finding itself being frozen out of not only accession talks with the E.U., but also being invited as a “NATO partner” to attend the NATO meeting in June, 2026. It is ironic that whereas the first Georgia had delegated some of its sovereignty to the U.S. in 1789, the second Georgia was unhappy remaining fully sovereign outside of the E.U. rather than as one of the semi-sovereign E.U. states. Giving up some governmental sovereignty can be a “step up,” and, with that comes certain requirements in terms of good governance.


The full essay is at "Georgia and Georgia." 


Tuesday, June 16, 2026

The European Parliament: Rejecting the Council’s Proposed Budget

On 16 June, 2026, the European Parliament rejected the European Council’s proposed budget for the E.U. not only because of the proposal’s €32.8 billion budget-cut, which would reduce the six-year 2028-2034 federal budget even below that which the Commission had proposed, but also because the Council had refused to address the issue of federal-sources of revenue, which was made increasingly salient by the increasing need of funds at the federal level. In seeking to keep the federal institutions dependent on money supplied by the states, the Council, which like the U.S. Senate represents states, can be viewed exploiting a conflict of interest at the expense of the ability of the E.U. to operate even within its given mandates. Put another way, the requirement that the Parliament pass any proposed budget can be viewed as a check on the state-centric Council’s proclivity to put the interest of the parts above the whole—the individual states above the Union.


The full essay is at "The European Parliament."

Friday, May 8, 2026

UCLA’s School of Medicine: Practicing Racism?

The matter of having race as a component part of the admissions process of a school in California university in the U.S. came to the fore once again on May 6, 2026 when the U.S. Department of Justice publicly announced its finding that the UCLA School of Medicine “illegally used race as a selection criteria (sic) for candidates and admitted Black and Latino students who had lower academic qualifications than their (W)hite and Asian counterparts.”[1] The racial discrimination was against White students and students from Asia who had higher academic qualification. Accordingly, assistant Attorney General Harmeet Dhillon wrote, “Racism in admissions is both illegal and anti-American, and this Department will not allow it to continue.”[2] In fact, it could be argued that the sheer existence of race in the criteria for the admission of medical students is racist, taking that term to mean “pertaining to race” without the pejorative connotations that racism has. To be sure, the unique historical disadvantage of Black Americans, including when the institution of slavery existed in the antebellum period of the South, arguably justified making up for the legacy of continuing prejudice by preferential treatment in college admissions. It is important to acknowledge that affirmative action programs contained racial prejudice against another race, and in the twenty-first century the U.S. Supreme Court sided with the racial harm over institutional efforts to redress racial prejudice, perhaps because the latter had diminished considerably especially since the 1960s. UCLA may not have caught up with this recognition because ideology tends to lag changes in the world due to emotional investment and the long-standing nature of values. So the justice department’s accusation that the medical school (and thus the university) intentionally violating the relevant court rulings can be viewed as a sort of recalibration as well as an assertion that laws should not be violated.


The full essay is at "UCLA's School of Medicine."



1. Lauren Trautenberg, “DOJ Alleges School of Medicine Racial Discrimination,” Daily Bruin, May 8, 2026.
2 Ibid.

Monday, April 20, 2026

Should the E.U. Pay Prospective States to Reform?

Should the European Union pay prospective, or “candidate,” states to undergo legislative, rule-of-law reforms prior to accession even though becoming a state is not assured? In April, 2026, Marta Kos, the Commission’s commissioner for enlargement warned the E.U.’s parliament that the Commission might “suspect €1.5 billion in E.U. funding for Serbia due to rule-of-law concerns and contentious judicial reforms” that had been introduced in Serbia’s legislature in January.”[1] I contend that the legislative or constitutional proposals should have been sufficient to freeze the very question of Serbia’s accession, and that the Commission should not pay candidate states to undergo reforms in the first place.

 
The full essay is at "Should the E.U. Pay Prospectve States to Reform?"


1. Eleonora Vasques, “E.U. Considers Freezing Serbia’s €1.5 billion in E.U. Funds Amid Rule of Law Scrutiny,” Euronews.com, April 20, 2026.

Saturday, March 14, 2026

On the Glacial Pace of E.U. Accession for Serbia and Albania

With Russian troops having been in Ukraine for over four years by March, 2026, the case was indeed being made then for the E.U. enlarging as much and as soon as possible by adding new states, including Ukraine. For in addition to making it more difficult for Russia to invade countries in Eastern Europe by turning them into E.U. states, the main way that a federal union, whether the E.U. or U.S., expands is by the accession of new states from what had been sovereign countries. This is why Canada would enter the U.S. as a state, or, more likely, a few states, rather than in a merge. Especially with the Russians having been dropping bombs on Ukrainian people and infrastructure for years, giving up some governmental sovereignty was arguably not too high a price for state governments to accept.  


The full essay is at "On the Glacial Pace of E.U. Accession."

Friday, February 13, 2026

The ECJ Castigates the Commission for Paying Off Hungary

In an opinion submitted to the European Court of Justice, which tends to follow the legal opinions the 11 Advocates General, Tamara Capeta recommended in February, 2026 to the Court that it “should annul the European Commission’s 2023 decision to disburse €10.2 billion” to the E.U. state of Hungary.[1] Capeta found that the state government had not sufficiently addressed “concerns over systemic corruption and rule of law violations” to qualify for the payment.[2] That the Commission released the payment nonetheless points to corruption at the federal level—in its executive branch in particular—and this charge against the Von der Leyen administration renders the charge against the Hungarian government rather ironic. Rule of law should apply (and be respected!) at both the federal and state levels for the E.U. to continue to be viable. This applies especially to the Commission, as it is tasked with enforcing E.U. laws, directives, and regulations as well as treaty obligations that the EU, including its state governments, have to other countries, whether they are federal unions (e.g., the U.S.) or independent states.  


The full essay is at "The ECJ Castigates the Commission for Paying Off Hungary."



1. Sandor Zsiros, “E.U. Court Challenges Controversial €10.2bn Payment to Hungary,” Euronews.com, February 12, 2026.
2. Ibid.

Wednesday, January 21, 2026

Congressional Subpoenas: The Case of the Clintons

The rule of law is absolutely essential to a representative democracy being able to endure even as strong personalities in public office may seek to bend or even dismiss law for their own purposes. The notion that anyone subject to law gets a pass according to one’s own discretion and power is toxic to a republic being regarded as fair. Just as everyone has a right to due process in legal proceedings in the U.S., no one is above the law there. This applies to former presidents and secretaries of state, and thus to Bill and Hillary Clinton. Their written statement in refusing to recognize a Congressional subpoena as valid—a presumptuous stunt to be sure—reveals that they held the presumption of being able to decide whether a law to which they were subject was valid. This presumption could also be seen when Bill Clinton occupied the White House, for he deliberately lied under oath, “I did not have sexual relations with” Monika Lewinski even though she had performed oral sex with him in the Oval Office when she was a White House intern. My point is that the underlying pattern is clear with respect to a lack of regard for law itself (even though both Clintons went to Yale’s law school) and the presumption of setting oneself in the position of invalidating law to which one is subject. That Bill Clinton was no punished with incarceration in the 1990s was unfortunate even for him and his wife as they were not afforded the opportunity to learn a lesson.


The full essay is at "Congressional Subpoenas."

Friday, October 22, 2021

On the Weakening of the Rule of Law in the U.S.

When law enforcement (i.e., police) conveniently exclude themselves from obeying law, the contradiction should, I submit, be sufficient for the perpetrators to be fired. It is not enough for their boss to chastise or even suspend the hypocrites, for they are inherently unfit for law enforcement, and should instead be treated as actual or potential criminals. What about when such a sordid mentality comes to proliferate through a police department, especially if it lies beyond the competence of a city government to hold even such a department accountable? What if a local political “law and order” culture tacitly exempts police and goes on to look the other way as the latter render the locality into a police state? I contend that the Phoenix metropolitan area, including the suburbs surrounding Phoenix itself, furnishes us with a case in point.
 
The full essay is at "Weakening of the Rule of Law."

Monday, February 25, 2013

Ukraine: Between Two Empires

With its Association Agreement with the E.U. effectively suspended due to concerns about the “stark deterioration of democracy and the rule of law” after the imprisonments of Yulia Tymoshenko in 2011 and Yurly Lutsenko in 2012, Ukraine was vacillating between creating a free-trade zone with the E.U. or a customs union with Russia, Belarus and Kazakhstan. Given the European Neighborhood Policy of the E.U. applicable to independent states bordering the E.U., a free-trade zone with the E.U. could be the first step on the road to further economic and even political integration, including perhaps statehood. However, that would mean further democratic reforms that would certainly not be required to join a customs union that includes Belarus. As a precondition to an informed decision, distinguishing between statehood in the E.U. and joining a customs union is vital to the Ukraine. Ideologically-driven jargon can create confusion regarding the qualitative difference.
Ukraine, pictured here in orange, would be a large state in the E.U., and would push the border significantly eastward yet still in Europe.     source" wikipedia

The full essay is in Essays on the E.U. Political Economy, available at Amazon.