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Reposted by Julian Scholtes

Verfassungsblog @verfassungsblog.de · 20/05/2026

What does it mean when Article 2 TEU becomes part of “the very identity of the Union as a common legal order”? JULIAN SCHOLTES (@jscholt.bsky.social) argues that identity claims may justify expanding the CJEU’s jurisdiction beyond its existing limits. verfassungsblog.de/to-identity-...

Quote: “Displacing the constraints of the Treaties on grounds of constitutional identity would risk playing fast and loose with the rule of law on the basis of a contestable account of constitutional legitimacy.”

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Reposted by Julian Scholtes

ZaöRV | Heidelberg Journal of International Law @zaoerv.bsky.social · 04/09/2025

📢 Freeing Constitutional Identity @jscholt.bsky.social reads Solange I as a groundbreaking judgment on constitutional identity, arguing why constitutionaly identity does not need to be linked to unamendability. A truly interesting article #OpenAccess: www.nomos-elibrary.de/de/document/... #ZaöRV

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Reposted by Julian Scholtes

Rob Knox @pashukanist.bsky.social · 21/08/2025

The whoooooooooooole shebang is out with @europeanlawopen.bsky.social. Everything you wanted to know about Marxism and EU law, but were afraid to ask.

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Reposted by Julian Scholtes

Verfassungsblog @verfassungsblog.de · 04/08/2025

What is the role of law in the Gaza war? To OR BASSOK, the reality in Israel is not a story of a struggle between those who speak in the name of law against the lawless Behemoth. It's more complex than that: both sides are speaking the language of law. verfassungsblog.de/fraenkel-isr...

Quote from the piece by author Or Bassok: “The Behemoth narrative conceals a much more complex reality which is saturated with law, and in which legal academia supports the agents producing this law.”

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Julian Scholtes @jscholt.bsky.social · 04/08/2025

Thank you so much – I'm glad you enjoyed the article. Your own work was extremely helpful to figuring out my conceptual framework!

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Julian Scholtes @jscholt.bsky.social · 24/07/2025

While the article is principally about the VC, it raises wider questions about how we imagine European constitutionalism and how forms of hierarchy and difference engrained in our constitutional imagination can potentially fuel illiberal backlash.

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Julian Scholtes @jscholt.bsky.social · 24/07/2025

I look in particular at the differentiation between 'new' and 'established' democracies common throughout the VC's standards, as well as the idea of 'European constitutional heritage' prominent in the VC's work.

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Julian Scholtes @jscholt.bsky.social · 24/07/2025

My newest in the Hague J on the Rule of Law: a critical study of the work of the Venice Commission. I argue that aspects of the VC's work sheds light on our 'mental map' of European constitutionalism, emphasising above all an East-West binary. Read it here: link.springer.com/article/10.1...

link.springer.com

The Venice Commission and the Mental Map of European Constitutionalism - Hague Journal on the Rule of Law

The Venice Commission is known to differentiate its constitutional advice depending on whether a state is considered a ‘new’ or an ‘established’ democracy. This article gives an account of the distinc...

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Julian Scholtes @jscholt.bsky.social · 02/07/2025

Excited to be on research leave for the next six months – the first unfettered research time I've had in four years. I'm looking at an open field with many ideas but no clear plan yet, which makes it all the more exciting. If you've ever wanted to get in touch on research matters, now is the time!

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Julian Scholtes @jscholt.bsky.social · 23/06/2025

The article uses Solange I as a window through which we can critically examine the doctrinal connection between constitutional identity and unamendability that has become so prevalent, and casts doubt on its cogency and usefulness.

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Julian Scholtes @jscholt.bsky.social · 23/06/2025

I argue that the Court's conception of constitutional identity in Solange I was very different from its later conception of CI in the Lisbon judgment of 2009: Whereas the constitutional identity of Lisbon is strictly tied to unamendability and the eternity clause, the identity of Solange I wasn't.

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Julian Scholtes @jscholt.bsky.social · 23/06/2025

New article out in @zaoerv.bsky.social as part of a special issue on the 50th anniversary of the German CC's Solange I judgment. Read it here: doi.org/10.17104/0044-2348-2025-2-547

doi.org

Freeing Constitutional Identity from Unamendability: Solange I as a Constitutional Identity Judgment - Nomos eLibrary

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Reposted by Julian Scholtes

Anurag Deb @anuragdeb.bsky.social · 23/05/2025

This (and related measures in the EU's Area of Freedom, Security and Justice - FSJ) causes yet another conceptual headache for understanding the Windsor Framework (like we didn't have enough). 1/

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Julian Scholtes @jscholt.bsky.social · 23/05/2025

Such an interesting provision – I had to think about it in the context of a hypothetical ECHR withdrawal a while back and it got me worked up about the temporal horizon of that provision, as well!

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Julian Scholtes @jscholt.bsky.social · 20/05/2025

An intellectually fascinating (and entertaining) engagement with Armin von Bogdandy's 'European society' project by Martin Loughlin: link.springer.com/article/10.1...

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Reposted by Julian Scholtes

Verfassungsblog @verfassungsblog.de · 08/05/2025

In our newest contribution to our symposium “Controversies over Methods in EU Law II” JENNIFER ORLANDO-SALLING explores how decolonial approaches in European Law offer a constructive space towards dialogue and reconstruction. verfassungsblog.de/decolonialit...

Quote from our published article by author Jennifer Orlando-Salling: “New pathways towards understanding the rule of law’s deficiencies emerge from investigating contexts “upwards” or from below, problematising the rule of law’s imperial and colonial blind spots.”

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Reposted by Julian Scholtes

Aoife O'Donoghue @aoifemod.bsky.social · 07/05/2025

A group of us law academics put together a letter on FWS v Scottish Ministers UK Supreme Court ruling & we are asking other *UK based law folk* (academic activist practitioner etc) to sign More details 👇 #transrights #trans #transgender #lawsky #academicsky #UKlaw docs.google.com/forms/d/e/1F...

docs.google.com

A Law Letter on FWS v Scottish Ministers

A coalition of legal academics have drafted a letter setting out our support for trans rights and our concerns about the FWS v Scottish Ministers UKSC ruling. We are opening it up for signature to ev...

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Reposted by Julian Scholtes

Paolo Sandro @paolosandro.bsky.social · 06/05/2025

Glad to see this out on the UKCLA blog, especially as it shows that the Court completely neglected the HRA/ECHR arguments brought by Amnesty International in their submission. So, even taking at face value claims that this decision was 'purely' about statutory interpretation, it is seriously wanting

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Julian Scholtes @jscholt.bsky.social · 01/05/2025

To make the field even more confusing, there's also the mass grant of citizenship to the Hungarian minority in Romania by the Orbán government – equally tied to language/culture/etc. but strategically motivated by the interest of establishing a new class of loyal Orbán supporters.

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Reposted by Julian Scholtes

Jens Theilen @jtheilen.bsky.social · 29/04/2025

📄 New article: Colonialism continues to shape the project of European human rights. In this article I trace the continuity of civilizational hierarchies in the ECtHR’s case-law on extraterritoriality and European consensus Available in EJIL @ejiltalk.bsky.social: academic.oup.com/ejil/advance...

A screenshot of the title (“Civilizational Hierarchies and the Notion of ‘Europe’ in the European Convention on Human Rights”) and abstract of the paper available at the link above

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Sylvia de Mars @sylviademars.me · 25/04/2025

This isn't anything an "independent" statutory body would ever produce. It's an unworkable overreach by a politically motivated actor that should not be a statutory body anymore.

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Reposted by Julian Scholtes

Dimitri Spieker @dimitrispieker.bsky.social · 17/04/2025

🚨📢Come work with us! We at Humboldt University’s law faculty have an amazing Easter present for all EU law aficionados! The DFG Research Training Group DynamInt offers 12 fully funded PhD positions in the area of European law starting from October 2025! www.rewi.hu-berlin.de/en/lf/oe/rhp...

rewi.hu-berlin.de

Planned Call for applications: Ten doctoral research positions

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Reposted by Julian Scholtes

Ari Drennen @aridrennen.bsky.social · 16/04/2025

There's maybe no photo that better defines this ghastly era than these people celebrating the right to deny shelter to homeless trans women in the name of female empowerment.

Screenshot of an Associated Press article titled “UK’s top court says definition of a woman is based on biological sex and excludes transgender people.” The subheadline reads: “The ruling means that a transgender person with a certificate that recognizes them as female should not be considered a woman for equality purposes.” Below the headline is a photo of two smiling women holding hands and raising their arms in apparent celebration. One wears a green cardigan and pants; the other wears a black blazer and floral blouse. The article is by Sylvia Hui, Brian Melley, and Jill Lawless, and was updated at 12:55 PM EDT on April 16, 2025.

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Reposted by Julian Scholtes

Colin Murray @colinmurray.bsky.social · 16/04/2025

Tentative First Thought - Today's UKSC ruling in For Women Scotland divides UK jurisdictions - the Equality Act doesn't apply in NI and trans people in NI have protections under some EU law (applicable through Art 2 Windsor Framework) which does grant trans people protections based on sex.

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Julian Scholtes @jscholt.bsky.social · 31/03/2025

Not sure how closely the situations compare: From what I read, CG's disqualification was based on CCR precedent established in D. Șoșoacă's case, which was based on candidates' compliance with constitutional values - which makes that case at least more fuzzy as to connection to 'political views'.

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Julian Scholtes @jscholt.bsky.social · 17/03/2025

www.law.ed.ac.uk/news-events/... I'll be giving a talk at the Edinburgh Centre for Constitutional Law next Wednesday (26 March, 4pm) – some reflections on the standards of the Venice Commission and what they tell us about our 'mental map' of European constitutionalism. Registration link below!

law.ed.ac.uk

The Venice Commission’s “new democracies” and the mental map of European constitutionalism | Edinburgh Law School

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Julian Scholtes @jscholt.bsky.social · 17/03/2025

One might also think that we'd be better off if, vice versa, *certain* people *hadn't* paid so much attention...

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Reposted by Julian Scholtes

Verfassungsblog @verfassungsblog.de · 13/03/2025

On March 11, 2025, the Romanian Constitutional Court rejected a candidacy in do-over May elections for Georgescu – an ultranationalist, MAGA-style firebrand. BOGDAN IANCU offers a fascinating comparison with the timeless H.G. Wells' The Time Machine: verfassungsblog.de/romanian-mil...

This is not to deny that Georgescu is a very dangerous figure, but only to point out that his snake-oil salesmanship instrumentalises actual problems that have been ignored.

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Reposted by Julian Scholtes

Steve Peers @stevepeers.bsky.social · 11/03/2025

Full text of today's Advocate General's opinion on the Polish constitutional Court - independence and primacy of EU law curia.europa.eu/juris/docume...

curia.europa.eu

CURIA - Documents

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Julian Scholtes @jscholt.bsky.social · 11/03/2025

Possibly the most head-on the Court/an AG has faced constitutional identity yet. The AG refutes connection between CI (as asserted by national CCs) and Art 4(2) TEU and asserts that "it is for the Court to settle definitively any conflict between EU law and the CI of a MS".

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Julian Scholtes @jscholt.bsky.social · 23/12/2024

Very interesting post by @kimlanelaw.bsky.social. Some things I agree with and others I don't - but the post is telling about shortcomings of premising constitutional change on the vagaries of 'transnational expertise'. The million $ question is: Does 'RoL writ large' require following VC opinions?

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Sylvia de Mars @sylviademars.me · 16/12/2024

Fun times for those of us into FMoP ahead.

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Reposted by Julian Scholtes

Verfassungsblog @verfassungsblog.de · 10/12/2024

The annulment of Romania’s presidential election results by its Constitutional Court is a triumph for democracy! MILES R. MAFTEAN argues, however, that the annulment is also a stark reminder of the limits of judicial power: verfassungsblog.de/triumph-in-r...

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Reposted by Julian Scholtes

Rusty Foster @rusty.todayintabs.com · 09/12/2024

Counterpoint: Do

Headline from a rich person who writes: "Don't replace the culture war with the class war"

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Reposted by Julian Scholtes

Steve Peers @stevepeers.bsky.social · 08/12/2024

1/ Some general points about how asylum and immigration law applies when an appalling dictatorship is ousted in another country. #Syria 🇸🇾

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Merijn Chamon @merijnchamon.bsky.social · 15/11/2024

The essential starter pack

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Reposted by Julian Scholtes

Ana Bobić @anabobic.bsky.social · 14/11/2024

Hello from a newcomer! Here's an attempt: 1) figuring out how ordinary national courts change EU law and is it constitutionally relevant; 2) what Hegel's Phenomenology of Spirit has to teach us about the EU. And hoping 2) will become 1) soon!

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Reposted by Julian Scholtes

Edinburgh Legal Theory @legaltheoryed.bsky.social · 12/11/2024

This Friday, we will be hosting, together with the Glasgow Legal Theory group, our annual Disputationes! This event brings together PhD students and staff from the Universities of Edinburgh, Glasgow, and Surrey to share and discuss their research. More info at: www.law.ed.ac.uk/news-events/....

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Julian Scholtes @jscholt.bsky.social · 14/11/2024

Here we go: 1) the political geography (or the 'mental map') of European constitutionalism 2) the role of irony in constitutional discourse

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Colin Murray @colinmurray.bsky.social · 13/11/2024

Wearing pink for publication day! New out from @ruthhoughton.bsky.social, @aoifemod.bsky.social and me, our meditation on gender, power relations and constitutional change in #Barbie. Just because it's fun, this doesn't mean it's not also serious... journals.sagepub.com/doi/10.1177/...

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Reposted by Julian Scholtes

Jenny Orlando-Salling @jennyos.bsky.social · 13/11/2024

*taps mic* Err, hello, my name is Jenny and I’m looking for starter packs on EU legal studies, critical legal theory, postcolonialism, decolonial approaches. Help a lost woman out, 🦋? Still have no idea how to use this thing. Now I know how my granny feels operating WhatsApp.

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Julian Scholtes @jscholt.bsky.social · 13/11/2024

Glad to see this place is starting to thrive. Left Twitter a couple weeks back. I'll try to be more active on here. Where are the EU law/comparative con law starter packs??

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Julian Scholtes @jscholt.bsky.social · 27/10/2023

Next *Thursday*, not Wednesday!

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Julian Scholtes @jscholt.bsky.social · 26/10/2023

Next Wednesday I will return to the EUI (my alma mater) to discuss my new book. Looking forward to the discussion and comments from @kasiakrzyzan.bsky.social and Franca Feisel. Sign up here to join if you're around: www.eui.eu/events?id=56...

eui.eu

The Abuse of Constitutional Identity in the European Union

The EU Law Working Group and the Constitutional Law and Politics Working Group jointly organise an event showcasing the presentation of Julian Scholtes

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Julian Scholtes @jscholt.bsky.social · 18/09/2023

Lucky to be back on on circa 2018 (?) twitter.

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