The ‘Separation of powers for 21st century Europe (SepaRope)’ has been awarded with a grant by the Norface Network, as part of the ‘NORFACE Democratic Governance in a Turbulent Age programme.’ SepaRope is a joint project by ACELG, The Erik Castrén Institute of International Law and Human Rights (ECI), and Anna Wallerman at the Centre for European Research at the University of Gothenburg.
Times of crisis are always moments of controversial and rights-sensitive power shifts towards the executive. With the NORFACE funding, we are able to conduct empirically-grounded and theoretically-embedded research in order to better understand such shifts in the particular context of the EU. Our aim is to rethink the theory and practices of Separation of powers in present-day EU governance, combining conceptual constitutional analysis with empirical research in three fields (Economic and Monetary Union, migration, trade).
SepaRope is the first empirically-grounded and comparative project rethinking the theory and practices of Separation of powers in present-day European Union. It addresses the very core of ‘democratic governance in a turbulent age.’
Separation of powers, the classic model of decision-making, entrusts different state functions to different branches (legislative, executive, judiciary) and serves the double purpose of ensuring collective will-formation and control of those in power. The polyarchic and multilevel nature of the EU is not easily reconciled with the separation-of-powers-model, either at EU or national level.
SepaRope demonstrates in combined horizontal and vertical inquiries how recent economic and political developments affect the EU’s institutional framework and the anchoring of EU decision- making in national legitimacy. It combines conceptual constitutional analysis with empirical research in three fields (Economic and Monetary Union, migration, trade), in which EU decision-making is controversial, rights-sensitive and illustrative of recent power shifts.
The project is built on five working packages. Working package 1 develops a joint conceptual framework for identifying and examining will- formation and control structures. WP 2-4 conduct autonomous but interlinked empirical and legal- analytical studies of the three branches in the three policy fields, respectively, exposing ever- increasing ‘grey areas’ of diffuse, ring-fenced, and informalised public power. WP2-4 demonstrate the three branches’ mutually constitutive nature and contingency of power shifts.
WP 5 makes concrete innovative and practically viable suggestions to EU and national institutional actors on how will-formation and control structures can be strengthened in the polyarchic and multilevel EU. Stakeholders are involved as interviewees and participants.
SepaRope is a joint project by Professor Christina Eckes (project leader) at the Amsterdam Centre for European Law and Governance, Dr Anna Wallerman at the Centre for European Research (CERGU) at the University of Gothenburg and Professor Päivi Leino-Sandberg at the Erik Castrén Institute of International Law and Human Rights (ECI).
The Road Not Taken. The CJEU’s Restrictive Way of Reasoning in Asylum Cases and How it Could Change in Light of the Free Movement Case Law
Written by Martin Westlund, Doctoral Student at the Department of Law, University of Gothenburg (Sweden) Nordic Journal of European Law, Vol.6, issue 3, 2023 Abstract Many asylum cases present an opportunity for the European Court of Justice to promote and protect EU values such as human rights and the rule of law. Yet, in central issues on the EU asylum system, the Court has opted for careful and formal readings of law rather than exploring such perspectives. The Court’s legal reasoning in asylum is examined by case analyses in [...]
Upcoming Events
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Response-ability on trial
Join us at CREA on Thursday 11 January to see a new and original lecture-performance exploring climate change through the lens of law, art and academia. 'Response-ability on [...]
(In)visible European Government
Critical Approaches to Transparency as an Ideal and a Practice Please join us for the book launch of ''(In)visible European Government'', edited by Maarten Hillebrandt, Päivi Leino-Sandberg and [...]
Climate Litigation through a Constitutional Lens
Litigants and environmental movements increasingly turn to the courts to challenge States’ unambitious climate policies. Drawing especially on constitutional and human rights law, climate litigation pursues mitigation and [...]
Response-ability on trial
Join us at CREA on Thursday 11 January [...]
(In)visible European Government
Critical Approaches to Transparency as an Ideal and [...]
Climate Litigation through a Constitutional Lens
Litigants and environmental movements increasingly turn to the [...]
Separation of powers in 21st century Europe
As governance takes on new forms and dimensions, [...]