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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Jul 1

[Recommandations] Any legal must-read on E-democracy in Europe?

Reposted by Der Graf von Luxemburg

ILGA-Europe @ilgaeurope.bsky.social · Jun 10

We urge the Parliament of #Slovakia to reject a proposed constitutional amendment package that would ban adoption by same-sex couples, severely restrict children’s access to comprehensive sexuality education, and make legal gender recognition virtually impossible.

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · May 6

Everyone is free to disagree, but one should at least be honest about their own economic dependencies and show some decency in the language they use.

Those basic requirements are also part of living in a democratic society

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · May 6

Yet they come and portray themselves as defenders of the weak and the oppressed, throwing around grand terms like “illiberal Union” or accusing others of having “no reasoning.”

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · May 6

Some of the most vocal academics are funded by the very organizations that promote these schemes which—let’s not fool ourselves—are primarily designed for the wealthy.

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · May 6

[Likely unpopular opinion following Commission v. Malta (citizenship)]

Being very attached to academic freedom and regardless of the desired outcome, I’m increasingly irritated by scholars who fail to acknowledge the hands that feed them—or the vocabulary used.

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

As you are aware, horizontality is a very sensitive matter.
Plus, if Bauer and co were landmark cases, their expends to horizontality was arguably also conditioned on the link with the 'essence' of a fundamental rights. Was it really the case in Plamaro? 3/3

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

Does Plamaro really qualify as a landmark? Was AMS one?
Isn't the possibility of distinguishing stronger if one wants to still develop the case-law? Then, Plamaro might just be a case-specific ruling.

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

Great you spotted that one.

I do agree it may well amount to a deceiving decision (though you seem to acknowledge it is a very technical decision based on a very light directive). 1/3

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

Finally, the Court finds Malta in breach of Article 20 TFEU, read in conjunction with Article 4(3) TEU, without requiring separate proof of an infringement of the latter.

If correct, this approach reflects an evolution in the Court’s case-law on Article 4(3) TEU.

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

Particular emphasis is placed on the divergent residence conditions: whereas the program requires only formal legal residence, ordinary naturalisation typically necessitates actual and effective residence.

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

Next, in substantive terms, it focuses on the transactional nature of the program, highlighting that discrepancy between this program and the requirements imposed under the ordinary naturalisation process.
The remainder of the Court’s reasoning is both comprehensive and well-structured.
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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

Instead, the Court affirms that Union citizenship "constitutes the fundamental status of nationals of the Member States". In doing so, the Court is, at last, articulating the true nature of Union citizenship—clearly and unequivocally stating what it really is.
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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

Perhaps the most notable development appears in paragraph 92, where the Court expressly moves away from the previously used “is intended” formulation when it comes to Union citizenship.
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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 29

🔥

This judgment undoubtedly constitutes a landmark ruling.

Its significance lies not only in the outcome—which, contrary to Advocate General Collins’s Opinion— finds Malta in breach of EU law, but also in several important aspects of the Court’s reasoning.

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EU Court of Justice @eucourtofjustice.bsky.social · Apr 29

#ECJ: The Maltese investor citizenship scheme is contrary to #EULaw #EUCitizenship golden #passports 👉 curia.europa.eu/jcms/jcms/Jo...

Communiqués de presse - Cour de justice de l'Union européenne

Court of Justice of the European Union

curia.europa.eu

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 28

And what a great timing, judgment in Case C-181/23 coming out tomorrow!

Laura Dubois @lauramdubois.ft.com · Apr 27

Albert Avdolyan has been sanctioned by the EU but can partially circumvent the bloc’s travel ban thanks to his Maltese passport.

He’s one of 16 people who bought Maltese passports despite being politically exposed, or who were later sanctioned or convicted of crimes.

on.ft.com/4jCHgmP

Maltese ‘golden’ passports were sold to Russians with Ukraine war links

Paid-for citizenship that could be banned by European court was handed to people who later faced sanctions

on.ft.com

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 16

:(

www.politico.eu/article/uk-s...

UK Supreme Court rules ‘woman’ means biological female

Judgment is a victory for gender-critical feminist campaigners — and a blow for transgender rights activists.

www.politico.eu

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 15

www.nytimes.com/2025/04/14/w...

Hungary Changes Constitution to Mandate Two Genders

The governing Fidesz party passed a constitutional amendment stating that all Hungarians are either male or female, and another protecting the “moral development” of children.

www.nytimes.com

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Apr 14

www.uva.nl/en/shared-co...

How can we get people to fly less?

Flying is bad for the climate, but many people find it hard to resist cheap tickets to tropical beaches. Yannick van den Berg researched what solution European law can provide.

www.uva.nl

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Mar 28

www.washingtonpost.com/opinions/202...

Opinion | Don’t count on the courts to save democracy

Giving courts the last word is part of what got us into this mess. It won’t get us out.

www.washingtonpost.com

Der Graf von Luxemburg @grafvluxemburg.bsky.social · Mar 8

www.youtube.com/watch?v=rH8H...

Thom Yorke reads a letter about men in suits

YouTube video by Letters Live

www.youtube.com

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Mar 8

www.nytimes.com/2025/03/07/o...

Opinion | If Trump Defies the Courts, Then What?

Judges are constrained in their ability to make the president obey their orders.

www.nytimes.com

Der Graf von Luxemburg @grafvluxemburg.bsky.social · Feb 12

Opinion will be out tomorrow on whether a concept such as “immigrants and their descendants from non-western origin” is discriminatory on the ground of ethnic origin.

www.thetimes.com/article/8a07...

www.thetimes.com

Reposted by Der Graf von Luxemburg

dag @davidallengreen.bsky.social · Feb 4

NEW

Why Donald Trump is not really "transactional" but anti-transactional

A contract lawyer's perspective on how Trump uses deals and deal-making

By me

Personal blog:

davidallengreen.com/2025/02/why-...

Substack:
emptycity.substack.com/p/why-donald...

There is nothing inherently weak in this anti-transactional approach: and indeed it has proved successful for Trump, both politically and commercially.

And, yes, he does deploy the rhetoric of “the deal”.

But this only makes him transactional in the same way an atheist going on about “God” makes them a Christian. There is instead a positive disbelief in the words and concepts being used.

And so each supposed agreement with Trump is a mere marker for the next use (and abuse) of leverage: few if any transactions will ever be transacted. Things will move on, there will be new exertions of power, and new things demanded.

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Der Graf von Luxemburg @grafvluxemburg.bsky.social · Dec 22

Because they feel safer!

‘Generational change’: why more young Australians are identifying as LGBTQ+

‘I think we’re just getting a real reflection because people finally feel comfortable to express that,’ campaigner says

www.theguardian.com