This contribution is the extended version of Thomas Giegerich’s welcome remarks opening an introductory course to U.S. law in Saarbrücken. It reflects on the enduring transatlantic significance of the rule of law and the deep influence of U.S. constitutional ideas on German constitutional thinking. With the United States approaching the 250th anniversary of the Declaration of Independence in 2026, it asks what is at stake for constitutional democracy today.
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Prof. Thomas Giegerich: The Rule of Law, Fundamental Rights, the EU’s Common Foreign and Security Policy and the ECHR: Quartet of Constant Dissonance?
In his newest publication, Prof. Giegerich postulates that the jurisdiction over the CFSP remains limited, leaving parts of EU foreign policy beyond judicial review. This creates a rule-of-law blind spot that clashes with the EU’s fundamental values under Article 2 TEU. While EU accession to the ECHR may reduce this tension, only a Treaty revision can fully close the gap and restore the EU’s credibility as a rule-of-law champion.
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