EU Lawlessness Law

The seminar “Eu Lawlessness Law' will take place on Monday, 17 November at 4 p.m. in the “Sala Riunioni” (Palazzo Toscanelli, Sant'Anna School of Advanced Studies).

• Introduction: Francesca Biondi Dal Monte (SSSA)
• Speaker: Dimitry Kochenov, Professor of Law and Leader of the Rule of Law Group, Central European University
• Discussants: Kamilla Galicz, Sian Donkers, Ludovico Carofano (SSSA)
• Concluding Remarks: Giacomo Delledonne (SSSA)

Seminar abstract

This seminar revolves around the article of Prof. Kochenov, co-authored with Sarah Ganty (Yale Law School) on EU Lawlessness Law. The paper argues that the European Union deploys a number of legal techniques in an effort to make sure that virtually no denial of racialized non-citizens rights – across the spectrum from equality and dignity to the right to life – is ever presented as a violation of EU law. Making this possible is the work of what the co-authors would term “EU lawlessness law”: a careful summoning of diverse legal techniques to make basic accountability and the protection of the rights of the racialized passport poor impossible by creating a shield of impunity against the application of international, national, EU and ECHR rights, values, and principles in a principled breach of the spirit of EU law. The paper explains how EU lawlessness law operates, how the EU pays for it, how it passes legal scrutiny, and what its objectives are. 

The event will be introduced by Prof. Francesca Biondi Dal Monte. After the presentation of Prof. Dimitry Kochenov, keynote speaker, three discussants from SSSA - Kamilla Galicz, Sian Donkers and Ludovico Carofano - engage with him in a critical analysis. Prof. Giacomo Delledonne will moderate the following debate and offer some concluding remarks.

Full paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5051949

A broader and shorter version, from a book to celebrate the carreer of AG Sharpston: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4995955

And a blogpost version from VerfBlog: https://verfassungsblog.de/how-the-eu-death-machine-works/

Bio

Dimitry Vladimirovich Kochenov is Professor of Law at the Department of Legal Studies of the Central European University and leads the Rule of Law Workgroup at CEU Democracy Institute. He has been visiting professor at many universities, including the Princeton University; University of Oxford; The University of Chicago School of Law; The University of Hong Kong; NYU Law School. In 2023 he has been awarded a EUR 1M grant from Stiftung Mercator to establish Clinical Rule of Law work in Budapest, which is his main on-going project. Prof. Kochenov has published extensively on the principles of law in the global context, with a special emphasis on the Rule of Law, citizenship, and the enforcement of EU values. He is PI responsible for 'Intersections' in the Horizon project EXPRESS2 looking at the future of the European social contact starting in 2024 (EUR 2.7M: 300.000 for CEU). He sits on the editorial boards, inter alia, of the Hague Journal on the Rule of Law, Review of Democracy, Oxford Encyclopaedia of European Law, and Review of Central and East European Law.