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Can a ‘Militant’ Court Be Trusted? Judicial Appointments and Romania’s Constitutional Court after the 2024 Electoral Crisis

A constitutional or supreme court that annuls a democratic election no longer merely reviews the exercise of public power as part of the system of checks and balances; it places itself, functionally, above the executive and legislative powers.   In December 2024, the Constitutional Court of Romania (CCR) did exactly that: by Ruling no. 32/2024, …

The Judge is Their Own Executioner: How Constitutional Judges’ Self-Decisions on Their Own Terms of Office Endanger the Montenegrin Rule of Law

This translation is a redesigned reproduction of the original article that was published on Verfassungsblog on the 15th of January 2026. The original article can be found at the following link Introduction The election of a new judge to the Montenegrin Constitutional Court on November 25, 2025, has once again revealed a structural problem: the judges …

When Court Decisions Simply Aren’t Enough: What Comes Next for Bosnia and Herzegovina’s Constitutional Crisis?

Following unprecedented legal moves toward the de facto secession of one of Bosnia and Herzegovina’s (BiH) subnational units—Republika Srpska (RS)—the Constitutional Court of BiH (CC BiH / the Court) has annulled laws and policies it deemed to undermine state sovereignty and the supremacy of national judicial and security institutions within RS territory. However, the legal …