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Professor Nussberger took part in the Belgrade Security Conference 2024. The Belgrade Security Conference 2024 took place from November 18 to 20 at the Sava Center in Belgrade under the motto "In Defense of Humanity". The high-level international conference provided an important platform for dialog on current geopolitical challenges. Discussions focused on the US and EU elections, Europe's position in the changing world order and the ongoing conflicts in Ukraine and the Middle East. Particular attention was paid to the integration of the Western Balkans and regional security issues. Highlights of the event included the presentation of the Lighthouse Award 2024, a memorial lecture for Budimir Lončar and various expert panels on topics such as cyber security and the role of the younger generation. Prof. Angelika Nußberger, Vice President of the Constitutional Court of Bosnia and Herzegovina and member of the Venice Commission, spoke on the second day of the conference in the session "The Judiciary as the Guardian of Fundamental Values". In her contribution, she addressed the role of the Venice Commission and emphasized the importance of dialogue with civil society. She also explained that the Commission also sends clear messages when necessary by avoiding diplomatic formulations.

 

Angelika Nußberger und Rotraut Susanne Berner präsentieren ihr gemeinsames Kinderbuch "Frei und gleich".

On November 24, 2024, Prof. Angelika Nußberger and Rotraut Susanne Berner presenteded their joint children's book "Free and Equal" as part of the 65th Munich Book Show. In the book, they convey the history of human rights in a visual way.

The book deals with fundamental topics such as human dignity, freedom, equality and security based on true stories. The authors address current challenges such as the situation of refugees, human rights in Russia under Putin and environmental and climate protection in the context of human rights. Particular attention is paid to the balanced presentation of human rights and human duties. As a result, the book not only provides information, but also encourages reflection.

New IACL Blog series with Prof. Nußberger: Spotlight on the Venice Commission

Introduction to new IACL Blog series: Spotlight on the Venice Commission

Helle Krunke & Angelika Nußberger

President of the IACL & Chair of the IACL Commission on the Cooperation with the Venice Commission

The International Association of Constitutional Law (IACL) and the Venice Commission have a long-standing cooperation. They have a lot in common, especially the strong focus on democracy, rule of law, and human rights, within and beyond Europe. The IACL has observer status in the Venice Commission, and the Venice Commission has observer status in the Executive Commission of the IACL. While the Venice Commission focuses more on practical work, issuing opinions on constitutional amendments and new laws, the IACL brings together constitutionalists from all continents and contributes to a better understanding of the similarities and differences of legal systems worldwide; thus, their work is complementary and mutually inspiring. 

That is why the IACL and the Venice Commission have already organized several conferences together. The next joint conference with the topic “Lessons Learned and Learning Lessons. The Venice Commission’s Experience in Elaborating Transnationally Valid Constitutional Standards” will be held in Venice on 12 March 2025.

In light of the valued cooperation between the IACL and the Venice Commission, the IACL Commission on the Cooperation between the IACL and the Venice Commission, will introduce a new IACL Blog series to discuss important opinions of the Venice Commission.

The very first blog post in the new series is on Opinion No. 1181/2024 on the draft law amending the law on the national council of the judiciary in Poland. It is written by Francesco Biagi and entitled “Constitutional Repair in Poland: The Venice Commission’s Opinion on the Draft Law Amending the Law on the National Council of the Judiciary”. We hope to contribute to the academic debates of the opinions of the Venice Commission, and to draw attention to the work of the Venice Commission within and outside Europe.

 

 

Prof. Nußberger was in Warsaw with the Venice Commission

On October 14 and 15, a delegation from the Venice Commission, of which Prof. Nußberger was a member, visited Warsaw, Poland, to prepare an opinion on the laws on the Constitutional Tribunal and draft constitutional amendments relating to the Constitutional Tribunal.

The delegation of the Venice Commission met with the Minister of Justice, Adam Bodnar, a former visiting professor of the Academy for European Human Rights Protection, members of Parliament (ruling coalition and opposition parties), the Constitutional Tribunal, the President's Office, the Deputy Commissioner for Human Rights, a former President of the Constitutional Tribunal and civil society organizations.
 

Dr. Cathérine Van de Graaf and Reza Khabook at the autumn school of the DAAD project Taz'iz LegalLead

The Autumn School of the DAAD Taz'iz LegalLead project took place from the 30th of September until the 5th of October 2024 at the Faculty of Juridical, Political and Social Science of the University of Carthage. It brought together law students from the University of Carthage (Tunisia), the Al-Nahrain University (Iraq) and the University of Cologne (Germany) who were able to meet NGOs, experts and professors from all universities in various lectures, online workshops and group discussions. During the Autumn School, Dr. Cathérine Van de Graaf held a lecture on “Mobilising the gender discrimination argument in third party interventions before the European Court of Human Rights” and Reza Khabook on “Constitutional law in Islamic countries from a comparative perspective”.

About LegalLead

Law schools play a crucial role in the development of democratic institutions and the rule of law. However, in order to create a positive impact on society, it is necessary to have strong and effective transfer structures, to bring the knowledge generated by academia into practical use. A young generation of advocates and political scientists needs soft skills, the ability of solution-oriented and critical thinking, as well as links to a network of decision-makers outside the university – from governmental institutions to local policy think-tanks and NGOs. The LegalLead project seeks to strengthen transfer structures of leading law schools in Iraq and Tunisia and Germany and does so by building up and improving the structures of law clinics at the partner universities on the topics of female empowerment and good governance.

 

 

Prof. Angelika Nußberger as a guest in the podcast “Recht wissenschaftlich” of the University of Freiburg

Prof. Dr. DDr. h.c. Angelika Nußberger was a guest on the podcast “Recht wissenschaftlich” and spoke about the circumstances that set her on her unusual career path and how she became a professor of constitutional law, international law and comparative law, Vice-President of the European Court of Human Rights (ECtHR) and a member of the Venice Commission.
Yet it all began with a degree in Slavic studies and the desire to become a teacher.

Dr. Miklasová's New Open-Access Monograph Now Available

New Open-Access Book by Dr. Miklasová Explores Secession in International Law

In her new book Secession in International Law with a Special Reference to the Post-Soviet Space (Brill), our Postdoctoral Researcher, Dr. Júlia Miklasová, explores the increasing relevance of international law to cases of unilateral secession, particularly when connected to breaches of peremptory norms (jus cogens). It also emphasizes the critical role of post-Soviet secessionist practice within this legal context.

The book builds on Dr. Miklasová PhD thesis completed at the Graduate Institute of International and Development Studies in Geneva (2021, summa cum laude avec les félicitations du jury). It was thoroughly updated to reflect recent developments and finalised at the Academy for European Human Rights Protection in Cologne. The book is now published as an open-access publication with the support of the Swiss National Science Foundation, as part of Brill’s Theory and Practice of Public International Law series.

The book delves into the essential elements of contemporary international law concerning secession, covering topics such as the role of facts, the right to secede, referenda, declarations of independence, the principle of territorial integrity, and the relationship with consensual methods of State formation. Dr. Miklasová's central argument reinforces and expands upon the legalist position: if a secessionist entity gains effectiveness through violations of jus cogens norms, the creation of statehood is prohibited—legality takes precedence over effectiveness. Advancing this legal paradigm further, Dr. Miklasová introduces the concept of the "illegal secessionist entity" and demonstrates the pervasive effects of the original illegality on the entity's subsequent diplomatic, treaty, and economic relations, as well as its acts and laws. The book also examines the intersecting legal regimes of occupation law, human rights law, and the duty of non-recognition.

Drawing on an unprecedented analysis of practice involving Transnistria, Abkhazia, South Ossetia, Nagorno-Karabakh, Crimea, the Donetsk and Luhansk People’s Republics, and the Kherson and Zaporizhzhia Regions, the book identifies a common thread relating to these entities: despite their on-the-ground effectiveness, their existence stems from illegal use of force. As a result, these entities are barred from achieving statehood, and their illegality produces further legal consequences. The book also delves into specific issues such as the territorial scope of treaties related to these entities (e.g., the applicability of the Russia-Ukraine BIT to annexed Crimea), the legality of trade with them, the international opposability of privatizations, and the validity of birth and marriage certificates, among other legal acts issued by these entities. The analysis of post-Soviet secessionist practice underscores long-term general trends in the modern legal understanding of secession, particularly highlighting the critical role of jus cogens norms and their effects.

 

Dr. Júlia Miklasová will launch her book at the Academy of European Human Rights Protection in Cologne in early 2025.

We are searching a Postdoctoral Researcher (Maternity Leave Replacement) (m/f/d)

We are searching a Postdoctoral Researcher (Maternity Leave Replacement) (m/f/d)

YOUR TASKS
» Conducting research in the Academy‘s fields of research
» Participation in and organization of events and research projects » Participation in teaching (tutorials, moot court, etc.)

YOUR PROFILE
» Research proposal in the Academy‘s research areas
» PhD Dissertation in the Academy‘s research areas (grade obtai­ned at least „magna cum laude“) or an equivalent outstanding foreign doctoral degree
» Relevant peer-reviewed publications in the Academy‘s research areas
»  (German) first or second state exam (grade obtained at least „vollbefriedigend“ in the obligatory state examination) or an equivalent excellent foreign law degree
» Excellent English proficiency as well as another foreign language
» Proven teaching experience

WE OFFER
» A diverse and fair working environment with equal opportunities
» Support in balancing work and family life
» Flexible working time models

See the job ad for more details.

Please apply online with proof of the required qualifications without a photo under: https://lnkd.in/ga5xHDV. The reference number is Wiss2408-18. The application deadline is 22 September 2024. For further inquiries, please contact Sophie Girardini (sophie.girardiniSpamProtectionuni-koeln.de).

Prof. Dr. Angelika Nußberger receives the Romano Guardini Prize 2024

The director of our academy, Prof. Dr DDr. h.c. Angelika Nußberger, receives the prestigious Romano Guardini Prize 2024.

The Catholic Academy in Bavaria is honouring her outstanding commitment to human rights and the rule of law in Europe.
The prize, named after the important Catholic philosopher of religion Romano Guardini, is awarded to Ms Nußberger for her commitment as former Vice-President of the European Court of Human Rights and for her academic achievements.

The award ceremony will take place on 10 of December 2024 in Munich.
We warmly congratulate Prof. Nußberger on this prestigious award, which recognises her outstanding achievements in the field of European human rights protection.

Further information can be found at 

https://katholisch.de/artikel/55066-gewinnerin-des-diesjaehrigen-romano-guardini-preises-steht-fest 

 

 

 

Prof. Dr DDr. h.c. Angelika Nußberger is now editor of Jus Internationale et Europaeum

Prof. Dr DDr. h.c. Angelika Nußberger is now editor of Jus Internationale et Europaeum

The publication series Jus Internationale et Europaeum (JusIntEu) was founded in 2005. The series is particularly interested in works that bridge the gap between fundamental issues and the practical application of the law.

The influence of international and European law on national legal systems, especially but not only in the areas of human rights, environmental and commercial law, is constantly increasing. This development represents a huge challenge, because today it is no longer just a question of implementing international and European legal requirements, but also of making fundamental adjustments to national legal systems. This process calls for a theoretical analysis, which is still not a matter of course in public law, which continues to have an ambivalent relationship with international and European law. The series is intended to contribute to the theoretical and dogmatic penetration of the internationalisation and Europeanisation of public law and to propose solutions to the associated practical problems. The series publishes outstanding works that deal with legal issues at the interface between domestic public law and international law or deal with genuine international or European law issues.

ISSN: 1861-1893 / eISSN: 2568-8464