Search

Begin New Search Topic Rule of Law Publication Year within 10 Years

1. Ilham Tohti: Jailed for Fighting for Dialogue, Ethnic Harmony and Rule of Law

Author:
Jewher Tohti, Marie Holzman, Dilnur Reyhan, Teng Biao, Enver Can, and Magdalena Slezáková
Publication Date:
01-2026
Content Type:
Video
Institution:
Vaclav Havel Library
Abstract:
Six of the 13 laureates of the Václav Havel Human Rights Prize to date are currently in prison, including Professor Ilham Tohti. He is a well-known Uyghur intellectual from China and the laureate of the Václav Havel Human Rights Prize for 2019. For over 20 years, he has been engaged in promoting dialogue and mutual understanding between Uyghurs and the Chinese authorities. As a result, he was sentenced to life imprisonment in a two-day show trial in 2014. His family has not heard from him since 2017, when he was denied contact with both them and his lawyers. On the occasion of the 10th anniversary of Ilham Tohti’s arrest, the Václav Havel Library organized a commemorative and advocacy event with the participation of his daughter Jewher, who lives in exile and has been actively involved in efforts to secure her father’s release. The somber 12th anniversary of his unjust imprisonment was marked at the Václav Havel Library by French sinologist, journalist, and writer Marie Holzman; senior researcher at the Oriental Institute of the Czech Academy of Sciences and president of the European Uyghur Institute Dilnur Reyhan; Chinese lawyer and political activist Teng Biao—who, as a member of the Weiquan Lawyers (Rights Defence Network) in China, was a finalist for the Václav Havel Human Rights Prize in 2013—and Ilham Tohti’s tireless defender and president of the Ilham Tohti Initiative, Enver Can. The discussion was moderated by Magdalena Slezáková, foreign desk editor at Deník N.
Topic:
Human Rights, Repression, Advocacy, Uyghurs, Ilham Tohti, Dialogue, and Rule of Law
Political Geography:
China and Asia

2. Is Israel a Liberal Democracy?

Author:
Raphael Cohen-Almagor
Publication Date:
03-2025
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
Israel’s democratic principles are under threat both internally and externally. Its long-term survival is to integrate fully into the Middle East, and the key to that integration is to peacefully resolve the Israeli-Palestinian conflict.
Topic:
Democracy, Rule of Law, Liberalism, Israeli–Palestinian Conflict, and Democratic Backsliding
Political Geography:
Middle East and Israel

3. Rule of law in Mozambique

Author:
Margherita Bove and Patricia Justino
Publication Date:
02-2025
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
This paper examines the state and evolution of the rule of law in Mozambique, focusing on key dimensions such as voice and political participation, judicial independence and accessibility, corruption, access to basic services, personal security, and property rights. Drawing on Afrobarometer surveys, voting data, and conflict records, the paper offer insights into the perceptions and experiences of Mozambican citizens. The findings indicate a deterioration in institutional trust over the past two decades, alongside declining voter turnout in general elections and increasing election-related and political violence. Despite reforms aimed at improving judicial autonomy and accessibility, the legal system remains affected by inefficiencies and regional disparities. Citizens are often subject to bribery when accessing essential public services, and perception of corruption in key institutions remains high. Concerns about fairness and integrity in the land registration process can also weaken confidence in land security and property rights protection. The paper highlights the continued challenges Mozambique faces in consolidating the rule of law, exacerbated by legacies of conflict, political instability, and uneven socioeconomic development.
Topic:
Elections, Rule of Law, Institutions, Survey, and Trust
Political Geography:
Africa and Mozambique

4. Policing Alternatives: A Public Opinion Survey

Author:
The Carter Center
Publication Date:
10-2025
Content Type:
Special Report
Institution:
The Carter Center
Abstract:
Since 1980, incarceration in the U.S. has increased by about 400%, despite crime largely decreasing from the 1990s to the present.8 Currently, taxpayers are footing an annual bill of more than $80 billion, and yet recidivism rates in the U.S. are as high as 83%. An estimated one in six people in local jails and state and federal prisons are serving time for public order offenses, generally defined as charges that violate societal norms, such as charges relating to homelessness or disorderly conduct. Over 40% of incarcerated individuals have been diagnosed with a mental health condition — almost double that of the general population. As the human and financial costs of incarceration rise, alternative solutions are urgently needed in communities across the U.S. to address the needs of those struggling with mental health conditions, substance use concerns, and extreme poverty. For more than 10 years, activists and organizations in Atlanta have been developing ways to support and care for vulnerable members of their community. PAD was created in response to decades of heavy reliance on the criminal legal system to manage social issues such as poverty, homelessness, mental health conditions, and substance use concerns. In 2013, a group of Atlanta activists began advocating for the decriminalization of a variety of public order offenses disproportionately impacting low-income individuals and people of color. In 2015, these activists formed a broad coalition to advocate for the creation of the Atlanta Fulton Pre-Arrest Diversion Design Team, which was authorized by the Atlanta City Council and Fulton County Board of Commissioners to begin planning diversion services. The resulting PAD Initiative, originally implemented in two police precincts, has since evolved into a citywide, nationally recognized model for community-based, non-police response to quality-of-life concerns.
Topic:
Public Opinion, Rule of Law, Mental Health, Peace, Police, and Law Enforcement
Political Geography:
North America and United States of America

5. What future for rule of law protection? Towards a more effective use of the EU’s toolbox under the vdL 2.0 Commission

Author:
Maria Skóra
Publication Date:
07-2025
Content Type:
Policy Brief
Institution:
European Policy Centre (EPC)
Abstract:
Threats to the rule of law in the EU persist. Halting rule of law erosion in Poland has brought only temporary relief. Continued backsliding in Hungary and recent setbacks in Slovakia pose a threat to European integration and the EU’s legal order. Moreover, illiberal Eurosceptics are also on the rise in other countries, like Italy, Germany, France. Given the potential EU enlargement and the urgent reset of EU’s security and defence architecture, next to defending democracy, it is also crucial to continue strengthening the rule of law within the EU. Faced by the above-mentioned dire developments, the first von der Leyen Commission (2019-2024) placed the rule of law in the spotlight, developing a rule of law toolbox consisting of monitoring and corrective tools. The second von der Leyen Commission (2024-2029) vowed to take this matter seriously, making the strategic decision to continue tackling rule of law erosion by applying financial pressure, in particular: the instruments for protecting the EU budget. This Policy Brief looks at the future of rule of law protection under the vdL 2.0 Commission. It takes stock of the past failures and achievements, identifying paths towards a more effective use of the existing EU’s toolbox. It advocates for further development of financial conditionality, and making it a standard practice as well as building solid causal links between conditionality and the existing monitoring tools in order to avoid accusations of its arbitrary and politicised use. Consistency should become a guiding principle to foster the EU’s commitment to upholding the rule of law.
Topic:
Governance, Reform, European Union, Rule of Law, European Commission, and Regional Politics
Political Geography:
Europe, Poland, and Hungary

6. Poland’s Rule-of-Law Repair: Trapped in Institutional Paralysis?

Author:
Anna Wójcik
Publication Date:
12-2025
Content Type:
Special Report
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
Two years since taking office in Poland, the governing coalition led by Prime Minister Donald Tusk has made limited progress in repairing the rule of law following the backsliding under the previous government led by the Law and Justice (PiS) party. The change of government in December 2023 raised hopes of democratic repair but legislative reformsremain at an early stage. This reflects not only the depth of institutional damage done by PiSbut also political constraints. The Tusk government has been operating under the conditions of cohabitation with PiS-backed presidents, first with Andrzej Duda and since August with Karol Nawrocki. The constitutional framework grants significant powers to the president, including the authority to veto statutes and to refer them for constitutional review. Cohabitation has drastically curtailed the ability to pursue rule-of-law reforms, particularly in judicial governance. Moreover, the preparation of draft legislation in several key fields has proceeded more slowly than expected. In 2024, the parliament passed three acts aimed at restoring constitutional standards: two concerning the Constitutional Tribunal and one reforming the National Council of the Judiciary, but none has entered into force. Duda referred the three acts to the Constitutional Tribunal, which remains an illiberal enclave aligned with PiS, and in the course of this year ithas invalidated all three. Consequently, legislative change regarding the institutions central to judicial independence is effectively paralyzed. The government also pledged to separate the offices of minister of justice and prosecutor general, a reform long demanded by European monitoring bodies. Despite repeated commitments, this change has not yet been implemented. The most sensitive challenge for repairing the rule of law concerns judges appointed througha politicized procedure introduced under PiS. Addressing their status is necessary to restore judicial independence and to protect legal certainty. However, it involves difficult decisions affecting accountability, individual rights, and systemic stability. Although a legislative proposal is now ready, Nawrocki has indicated that he will veto any major judicial reform. He has also announced the creation of a new advisory body under the presidency to draft proposals for reforming the justice system, a move widely seen as an attempt to stymie the government’s initiatives. Overall, the effort to repair the rule of law in Poland is constrained by polarization, institutional stalemate, and a political context that is increasingly dominated by the approach of the parliamentary elections scheduled for 2027. While the government remains committed to reform, presidential obstruction and the continued role of the Constitutional Tribunal as a veto player limit progress. Poland therefore finds itself in a prolonged phase of limited rule-of-law repair.
Topic:
European Union, Democracy, Domestic Politics, Rule of Law, and Institutions
Political Geography:
Europe and Poland

7. Institutions and governance in Mozambique :A bird’s eye view based on existing databases

Author:
Ines A. Ferreira
Publication Date:
01-2024
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
Using publicly available databases and drawing on a wide range of indicators, this paper reviews the institutional performance of Mozambique across seven broad categories: rule of law and judicial independence; voice and freedom of expression/association; political participation; accountability and transparency; political instability and violence, and external relations; state legitimacy and political leadership; and governance and state capacity. Overall, the selected indicators point to similar trends within each dimension and suggest limited progress during the last decades. Still, it is fundamental that these insights and the scores presented by the indicators are put into context, and that we understand the historical path of Mozambique, the internal and external factors at play, and the fact that it takes time for progress achieved to be reflected in this type of data.
Topic:
Governance, Leadership, Freedom of Expression, Rule of Law, Accountability, Institutions, Judiciary, Instability, and Political Participation
Political Geography:
Africa and Mozambique

8. Intentionally vague: How Saudi Arabia and Egypt abuse legal systems to suppress online speech

Author:
Dina Sadek, Layla Mashkoor, Iain Robertson, and Andy Carvin
Publication Date:
06-2024
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
Egypt and Saudi Arabia are weaponizing vaguely written domestic media, cybercrime, and counterterrorism laws to target and suppress dissent, opposition, and vulnerable groups. Political leaders in Egypt and Saudi Arabia often claim that their countries’ judicial systems enjoy independence and a lack of interference, a narrative intended to distance the states from the real and overzealous targeting and prosecution of critics. Such claims can be debunked and dismissed, as the Egyptian and Saudi governments have had direct involvement in establishing and implementing laws that are utilized to target journalists and human rights defenders. Egypt and Saudi Arabia were selected as case studies for this report because of their status as among the most frequently documented offenders in the region when it comes to exploiting ambiguously written laws to target and prosecute journalists, critics, activists, human rights defenders, and even apolitical citizens. The two countries have consolidated power domestically, permitting them to utilize and bend their domestic legal systems to exert control over the online information space. Punishments for those targeted can involve draconian prison sentences, travel bans, and fines, which result in a chilling effect that consequently stifles online speech and activities, preventing citizens from discussing political, social, and economic issues. Both Egypt and Saudi Arabia enacted media, cybercrime, and counterterrorism laws with ambiguous language and unclear definitions of legal terms, allowing for flexible interpretations of phrases such as “false information,” “morality,” or “family values and principles.” The laws in both countries also loosely define critical terms like “terrorism,” thereby facilitating expansive interpretations of what constitutes a terrorist crime. Further, anti-terror laws now include articles that connect the “dissemination of false information” with terrorist acts. This vague and elastic legal language has enabled the Egyptian and Saudi regimes to prosecute peaceful citizens on arbitrary grounds, sometimes handing out long prison sentences or even death sentences, undermining respect for the rule of law in the two countries. This report explores the development of media, cybercrime, and counterterrorism laws in both countries, and demonstrates through case studies how Saudi Arabia and Egypt weaponize the laws to prosecute opposition figures and control narratives online. This report examines the relationship between criminal charges tied to one’s professional activities or online speech and how those charges can trigger online smear campaigns and harassment. In cases that involve women, gender-based violence is often used to harm a woman’s reputation. Though a direct correlation between judicial charges and online harassment cannot be ascertained, these case studies suggest that dissidents are likely to face online harm following legal persecution, even after they are released.
Topic:
Human Rights, Internet, Freedom of Expression, Rule of Law, Disinformation, and Digital Policy
Political Geography:
Middle East, Saudi Arabia, and United States of America

9. A battle against time – and against Putin’s Russia

Author:
Erwan Fouéré
Publication Date:
02-2024
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
With Putin’s war against Ukraine about to enter its third year, the EU’s enlargement policy remains at the top of its foreign policy priorities, with the focus being on both Ukraine and Moldova. This is following the European Council’s decision to open accession negotiations with both countries. But where does this leave the countries of the Western Balkans and their very long journey towards the EU which began over 20 years ago? Will these countries’ hopes for much needed political momentum in their accession prospects be fulfilled during 2024, despite the repeated delays and the EU’s failure to respect its commitments to the region over the past few years? With elections taking place across Europe offering fertile ground for Russia to deploy its arsenal of disinformation tactics, time is not on the EU’s side. To counter Russian attempts to influence developments in the region, as well as to reverse the dangerous trend of backsliding in democratic and rule of law reforms, the EU will need to adopt a more robust, consistent and determined approach towards the Western Balkans. Without any further delay, it needs to set out a much needed geopolitical and security direction for its enlargement policies in the Western Balkans.
Topic:
Security, European Union, Democracy, Geopolitics, Rule of Law, Regional Integration, and Russia-Ukraine War
Political Geography:
Europe, Ukraine, Moldova, and Balkans

10. Examining the Gap Between EU Fundamental Values in Theory and Practice: A Case Study of Macedonia’s Journey Toward EU Accession

Author:
Larisa Vasileska
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.
Topic:
International Law, Bilateral Relations, European Union, Rule of Law, Values, Disputes, and Enlargement
Political Geography:
Europe and Macedonia

11. Implications of Article 23 Legislation on the Future of Hong Kong

Author:
Eric Y. H. Lai
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Hong Kong’s Article 23 legislation will integrate the PRC’s national security framework into Hong Kong’s legal system, impacting the city’s rule of law and foreign business interests. Broad and vague definitions of national security will create challenges for Hong Kong’s common law system. It will likely contribute to the erosion of legal certainty and judicial independence. Proposed offenses such as “theft of state secrets” and “espionage” are ambiguously defined, creating uncertainty. This may cause issues for foreign businesses collecting information for due diligence and will further chill freedom of expression in the city. The legislation aims to isolate Hong Kong further from the liberal democratic world, granting extensive powers to the government for political control and undermining public oversight and due process rights.
Topic:
National Security, Rule of Law, Legislation, and Due Process
Political Geography:
China, Asia, and Hong Kong

12. Panel Causality Analysis of the Relationship among the Rule of Law, Technological Advances, Competitiveness, and Value-Added

Author:
Doğan Keşap and Ali Rıza Sandalcılar
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Istanbul Journal of Economics
Institution:
Istanbul University Faculty of Economics
Abstract:
The status of countries within the global value chain varies depending on the importance of national production capabilities in the global economy. From this perspective, there is a need for a value-added production approach that focuses on innovation and competitiveness. Technological advances and institutions are considered to play a significant role in transforming the economy towards an innovation-driven one to meet these needs. The aim of this paper is to investigate the relationship among technological advances, the rule of law as a proxy for institutions, value-added production, and competitiveness in a way that reflects crosscountry divergence. Through an analysis employed independently of countries’ existing levels of development, it will be possible to evaluate whether the factors associated with institutions and innovation can produce similar results in all circumstances and for each country. In this context, a panel causality analysis that considers cross-sectional heterogeneity is employed. The analysis shows bidirectional causality between the variables, except for value-added to the rule of law. However, the results also support the existence of cross-country divergence. These findings suggest that future policy plans should be designed to consider the multidimensional nature of country-specific factors, alongside technological advances and the rule of law, and to ensure the integration of both national and international economic objectives.
Topic:
Economics, Science and Technology, Rule of Law, Competition, and Value-added Production
Political Geography:
Global Focus

13. Rule of Law in Pakistan

Author:
Amr Ibn Munir
Publication Date:
05-2024
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
The rule of law is one of the most important, if not the most important, constitutional principles. It has been a philosophical concept since the time of the Greek philosophers or even before. For the English jurists, the rule of law encompasses two central principles, which are the supremacy of law and equality before law. However, the British showed no concern for upholding it during the era of colonization. In Pakistan, the principles of supremacy of law and equality before law were incorporated into the Constitution. The Pakistani Superior Courts have widened the scope of these two principles in their decisions. However, in reality, such principles as enunciated by the Judiciary are not actually implemented in true letter and spirit.
Topic:
Human Rights, Constitution, Rule of Law, and Equality
Political Geography:
Pakistan and South Asia

14. Manifestations of corruption in local government elections in Albania. Implications for the process of its accession to the European Union

Author:
Renata Podgórzańska
Publication Date:
12-2024
Content Type:
Journal Article
Journal:
Nowa Polityka Wschodnia
Institution:
Faculty of Political Science and International Studies, Nicolaus Copernicus University in Toruń
Abstract:
One of the key values on which the European Union is based is the rule of law that also includes efficient mechanisms for counteracting and combating corruption. What is more, it is a key condition for countries aspiring to membership in the European Union. An example here comes from Albania’s accession aspirations. Their progress is determined by the dynamic changes in the transformation processes of this country, including progress in counteracting and eliminating corruption in the political and economic space. Explanation of the specific characteristics of Albanian reality and the exegesis of the impact of corruption on the process of the country’s closer EU cooperation are the aims of the research taken up here. Special focus will be given to electoral corruption in local government elections that took place on 14 May 2023. At the same time, these elections are only a background to a broader discussion on the essence of corruption in the Albanian reality as a factor that determines its accession process.
Topic:
Corruption, Elections, European Union, Rule of Law, and Local Government
Political Geography:
Europe and Albania

15. Flaws of anti-corruption law. Selected aspects against the evolution of the rule of law in Poland

Author:
Jarosław Piątek
Publication Date:
12-2024
Content Type:
Journal Article
Journal:
Nowa Polityka Wschodnia
Institution:
Faculty of Political Science and International Studies, Nicolaus Copernicus University in Toruń
Abstract:
The phenomenon of corruption is becoming more and more common in Poland as much as it is throughout the world. The topic returns and it is still relevant. For the average person, this issue is often not entirely clear and requires a moment of reflection and analysis. Historical events often prevail when carefully assessing corruption. Many people do not understand that the abuse of public figures’ positions to achieve private gains, both financial and personal, is a crime. We deal with many types of corruption in today’s world. Corruption is present not only in central administration, but also in local government, where conflicts of interest deeply rooted in local economic, political, or official activities, are a frequent occurrence. The desire to improve one’s social or economic status often leads to committing crimes. The problem should worry and motivate us to take extensive actions to combat its mechanisms. It is worth emphasizing that public awareness of corruption activities, especially among the generation who lived in the times of the Polish People’s Republic, is low. Assessments and attitudes towards corruption change with age. The younger generation sees a connection between corruption and the actions of local government officials in many aspects. As a result, they associate corruption with a threat to their own security.
Topic:
Security, Corruption, Rule of Law, and Local Government
Political Geography:
Europe and Poland

16. All Rise: Judicial Resistance in Poland

Author:
Marcin Mrowicki
Publication Date:
09-2024
Content Type:
Book
Institution:
International Center on Nonviolent Conflict (ICNC)
Abstract:
This monograph investigates the strategic and organized resistance of Polish judges against the authoritarian encroachments on judicial independence by the ruling Law and Justice (PiS) party from 2015 to 2023. Under the leadership of Jarosław Kaczyński, PiS systematically targeted key judicial institutions like the Constitutional Tribunal and the Supreme Court, implementing reforms to undermine judicial autonomy. This assault sparked an unprecedented resistance movement among Polish judges, who employed legal and extralegal tactics to defend the rule of law. The resistance movement led to significant national and international outcomes, including presidential vetoes of controversial judicial reform bills, the reinstatement of judges, and actions by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR) against Poland. These efforts not only emphasized the importance of judicial independence as a cornerstone of democracy but also provided a powerful example for other nations facing similar authoritarian threats. Through interviews with key judicial and legal figures, the monograph offers a comprehensive account of the motivations, actions, and consequences of judicial resistance in Poland. Furthermore, it catalogs the judges’ many actions according to Michael Beer’s framework of tactics from Civil Resistance Tactics in the 21st Century. Herein are valuable insights into the role of the judiciary in defending democracy, with broader implications for prodemocracy movements worldwide.
Topic:
Authoritarianism, Reform, Democracy, Rule of Law, Institutions, Judiciary, and Resistance
Political Geography:
Europe and Poland

17. State of Democracy in Asia and the Pacific: The End of the Decline?

Author:
Michael Runey
Publication Date:
12-2023
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
International IDEA’s annual Global State of Democracy report shows that across every region of the world, democracy has continued to contract, with declines in at least one indicator of democratic performance in half of all countries assessed in the report. But after five consecutive years of more countries experiencing declines in their democratic quality than improvements, the data shows that this trend may have, in Asia and the Pacific, largely paused after five years of steady declines in most indicators. These findings are based on the Global State of Democracy Indices (GSoD Indices), International IDEA’s quantitative dataset of democratic performance launched in 2015 and containing data from 1975 to the present. The indices measure democratic trends at the national, regional and global levels across a broad range of different categories of democracy and include data for 174 countries across the globe, 35 of which are in Asia and the Pacific. In lieu of a single democracy score, the GSoD Indices measure four main categories of democracy – Representation, Rights, Rule of Law, and Participation - which are based on 157 individual indicators from 20 diverse sources: expert surveys, standards-based coding by research groups and analysts, observational data and composite measures. Each of these four measures is comprised of several of the 17 factors, as seen in Figure 1 below. This data show that in every region of the world, democracy has continued to contract, with declines in at least one indicator of democratic performance in half of the countries covered by the GSoD Indices. But it is in Asia and the Pacific where the trend is most ambiguous and least severe. When we look at five and one year statistically significant trends in the data for the region what we see in 2022 is not continued decline but mostly scores plateauing after years of declines.
Topic:
Democracy, Media, Rule of Law, Representation, and Civil Rights
Political Geography:
Asia-Pacific

18. Characterizing China’s Rule of Law

Author:
Ben Lowsen
Publication Date:
09-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Chinese President Xi Jinping is working in earnest to develop for China what his government calls “rule by law” (法治). It is sometimes translated into English as “rule of law,” though this is misleading, as Chinese law cannot restrict arbitrary exercise of power at the highest levels: the Party leads everything. As such, an awareness of the term’s precise meaning in the PRC’s legal-political context is crucial for understanding Xi’s intent. The Chinese president has stated that “the rule of law is an important component of the country’s core competitiveness” (People’s Daily, November 22, 2020). In light of this, the recently promulgated Foreign Relations Law (对外关系法), which emphasizes China’s competitiveness, provides an opportunity to interrogate Xi’s conception of the rule of law. [1] The Foreign Relations Law (henceforth, the Law) is timely. The head of the powerful Legislative Affairs Committee said in an interview that out of the PRC’s 297 national laws, 52 were dedicated to foreign relations and 150 more had provisions relating to foreign relations. [2] The Law is therefore an important addition, “consolidating and describing the major policies and principles of China’s foreign affairs,” in the words of current (and former) foreign minister Wang Yi. [3] Moreover, it comes at a moment in which China is at once increasingly emboldened on the international stage, and whose relations with many developed countries are increasingly fraught. Support from abroad could be helpful for China as it attempts to navigate out of a mismanaged end to the Covid-19 pandemic, but there is little to reassure foreign partners that their investments in the country will be protected by its laws.
Topic:
Foreign Policy, Governance, and Rule of Law
Political Geography:
China and Asia

19. The EU accession prospects of Ukraine, Moldova and Georgia

Author:
Michael Emerson, Tinatin Akhvlediani, Denis Cenusa, Veronika Movchan, and Artem Remizov
Publication Date:
03-2023
Content Type:
Commentary and Analysis
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In the week following Russia’s invasion of Ukraine on 24 February 2022 all three East European states associated with the EU – Ukraine, Moldova, and Georgia – submitted applications to accede to the EU. In response, the European Commission published ‘Opinions’ in June, setting out in each case conditions that should be met for these applications to advance on the path towards membership. This paper reports on the first half-year of the work undertaken by the three states to meet these conditions. All three states have set in motion actions largely concerning the fundamental political and rule of law criteria for membership. In all cases there is much work in progress underway, with some conditions already met, and others at an earlier stage. For both Ukraine and Moldova, it is possible that the majority of conditions will be met in the course of 2023. For Georgia there are still some more basic political obstacles to be overcome. The Commission is due to publish in October 2023 comprehensive evaluations of the preparedness of each of the three states, and in the case that the conditions are largely met, the EU should as a next step open up the formal accession negotiation process. It is also recommended that the EU reform by that time the accession process itself, notably by switching to qualified majority voting on the details of the procedures, and better still adopting a staged accession process that would assure structured incentives for overcoming the blockages in the present system as seen in the Western Balkans.
Topic:
Politics, European Union, Rule of Law, and Regional Integration
Political Geography:
Europe, Moldova, and Georgia

20. Access to Justice, the Rule of Law, and Due Process in the US Immigration System: A Tribute to Juan Osuna

Author:
Donald Kerwin
Publication Date:
06-2023
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper introduces a special collection of papers on access to justice, the rule of law, and due process in the US immigration system. The collection honors Juan Osuna, a devoted public servant and former director of the Executive Office for Immigration Review (EOIR), which is the agency in the US Department of Justice (DOJ) that administers the Immigration Courts, the Board of Immigration Appeals (BIA), and legal orientation, assistance, and representation programs. The collection consists of five articles published in the Journal on Migration and Human Security and six CMS essays, written by some of Osuna’s close colleagues and friends. Section I provides a brief biography of Juan Osuna’s life, recites his titles and professional accomplishments, and outlines his views on some of the topics covered in the papers. The section draws heavily from two events that book-ended Osuna’s tenure as EOIR Director, which were organized by the Center for Migration Studies of New York (CMS). The first took place on February 16, 20121 and the second on July 18, 2017,2 just before Osuna’s untimely death at the age of 54 on August 15, 2017. This section also includes remembrances and reflections from Osuna’s colleagues at a November 15, 2018 event in Washington, DC, devoted to honoring his legacy.3 Section II summarizes the 11 papers in this collection, which reflect Juan Osuna’s commitment to humanizing the law and its fair application to all. The papers examine and propose ways to strengthen: • The nation’s response to large-scale migration. • The US asylum system. • The removal adjudication system. • Immigration Court backlog reduction efforts. • The treatment of survivors of human trafficking and modern-day slavery. • Due process for immigrants through legal representation. Section III offers a concluding reflection on the rule of law, and Juan Osuna’s legacy in a time of political division and discord.
Topic:
Immigration, Courts, Rule of Law, Asylum, and Due Process
Political Geography:
North America and United States of America