Zur verfassungsrechtlichen Beurteilung des Vertrags über Stabilit?t, Koordinierung und Steuerung in der Wirtschafts- und W?hrungsunion ("Fiskalpakt")

Der Vertrag über Stabilit?t, Koordinierung und Steuerung in der Wirtschafts- und W?hrungsunion ("VSKS" - vulgo "Fiskalpakt") wurde dem ?sterreichischen Parlament als gesetz?ndernd bzw gesetzeserg?nzend zugeleitet. Er enth?lt jedoch einige verfassungs?ndernde Bestimmungen. Es sind dies Beschr?nkungen der Budgethoheit des Nationalrats, die übertragung von Hoheitsrechten auf Organe der EU, und eine neuartige Verpflichtung zur Normenkontrolle. Der VSKS bedürfte daher vor seiner Ratifikation der Erlassung eines Bundesverfassungsgesetzes. Dies deshalb, weil weder die Bestimmungen über die Ab?nderung von EU-Prim?rrecht (Art 50 Abs 1 Z 2 iVm Abs 4 B-VG) noch die Erm?chtigung zur übertragung von Hoheitsrechten (Art 9 Abs 2 B-VG), die derartige Verfassungs?nderungen decken k?nnten, auf den VSKS anwendbar sind.     

Civil society and democratization: The role of service-providing organizations amid closing civic spaces

This article argues that current democracy promotion strategies relying on rights-claiming advocacy NGOs are falling short of their democratization goals, as authoritarian regimes are closing the space through restrictions on the NGOs that attempt to carry them out. In response, we suggest a reexamination of earlier approaches to involving civil society in democratization efforts by shifting the focus back on service-providing civil society organizations that have largely become side-lined in democracy-building agendas. Specifically, service providers tend to be more capable of functioning “under the radar” thus contributing to democracy in both direct and indirect ways, and thus escaping closing space restrictions. The key concerns about their independence from the state, as well as under what conditions the state may be less successful in coopting the independent service-providers, however, remain unresolved and warrant future research.     

Cautious scrutiny: The Federal Climate Change Act case in the German Constitutional Court

In a unanimous decision of 24 March 2021, the German Federal Constitutional Court declared certain provisions of the Federal Climate Change Act (FCCA) unconstitutional. The Court upheld the greenhouse gas emission targets for the period until 2030 but found the outlined review procedure for the following years lacking: it failed to adequately specify targets, thereby violating the fundamental rights of the applicants. Despite the at times exuberant reception, this case note argues that the decision stopped well short of a legal revolution. Ultimately, the Court embraces an orthodox doctrine on positive obligations that emphasises deference to the legislature on climate change policy. Nonetheless, there are some genuine, albeit subtle legal innovations: (1) extending legal standing to applicants resident outside of Germany; (2) specifying general constitutional commitments to tackling climate change through the Paris Agreement, and (3) relying on a concept of intergenerational equity in the distribution of emission reduction burdens.     

‘If I Would Stay Alive,I Would Be Their Voice’: On the Legitimacy of International People's Tribunals

In recent years there has been a proliferation of People's Tribunals (PTs), promising to address atrocities that have fallen through the net of a statist international legal order. However, the status of such informal tribunals has remained controversial in both literature and practice. The dominant view has been that PTs simply lack legitimate authority. Positing that, in the language game of legitimacy, PTs are put on a perpetual argumentative backfoot, this article examines aspects of their input, process and output legitimacy. It is argued that the right of victims-survivors to be heard reigns supreme and it is in upholding that right that the authority of PTs is legitimised. In the current state of international justice, PTs constitute indispensable, quasi-judicial institutions that bridge gaps in access to justice, challenge official narratives (or silences) about atrocities and, potentially, open up new avenues towards justice and recognition.     

Think Tanks in Iceland

This article maps the landscape of think tanks in Iceland. It shows that think tanks are very few and insignificant in Icelandic policymaking. In the literature, the growth of think tanks in European countries with corporatist pasts has been linked to a change to a more pluralist system of interest representation. The case of Iceland lends support to this claim. In contrast to Scandinavia, corporatism remains entrenched in Iceland. But although there is a very limited market for local think tanks in Iceland, it is nevertheless recognized by political actors that touting policy advice offered by prestigious (international) think tanks can bring political benefits. This is also demonstrated in the article, showing that the influence of think tanks transcends at times national borders.     

Modernising social service delivery in Russia: evolving government support for non-profit organisations

Russia has recently cracked down on politically active civil society, increasing regulation and undercutting foreign support. However, apolitical, service-oriented parts of civil society have not been subject to these restrictive policies. In contrast, since 2009 Russia has introduced a set of government tools to support socially oriented non-profit organisations. These tools present a framework akin to concepts of ‘third-party government’ and collaborative governance that have come to dominate Western public administration discourse. This article discusses the Russian government’s divergent positions towards civil society, the nature and extent of the supportive tool kit, and its prospects.