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A Doctrinal Approach to Unconstitutional Constitutional Amendments: Judicial Review of Constitutional Amendments in Sweden Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-05-15 Mikael Ruotsi
The delegation theory of unconstitutional constitutional amendments, a limited theory of unamendability – Applying a doctrinal approach to justify unconstitutional constitutional amendments – Introducing a typology of unconstitutionality – The practical deficiencies and internal inconsistencies of the delegation theory – The limited role of the doctrine of unconstitutional constitutional amendments
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How to Detect Abusive Constitutional Practices Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-05-15 Jan Petrov
The challenge of distinguishing between abusive and non-abusive constitutional practices – Main ways of detecting abuse: analyses of intent and effects – Obstacles to detecting bad faith intent in constitutional law – Structured and focused analysis of the effects of abusive constitutionalism: introducing the foreseeable effects test – Normative benchmark: substantial diminishment of accountability
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Constitutional Courts as Guarantors of EU Charter Rights: A Rhetorical Perspective on Constitutional Change in Austria and Germany Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-05-14 Marcus Schnetter
The ‘rights revolution’ and ‘displacement doctrine’ of the European Court of Justice – EU Charter as a yardstick for constitutional review – Constitutional Courts of Austria and Germany: Charter judgment and Right to Be Forgotten II order – Rhetoric, persuasion and eloquence in judicial reasoning
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Constitutional Referrals by Ordinary Courts: A Platform for Judicial Dialogue and Another Toolkit for Judicial Resistance? Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-04-15 Michal Kovalčík
Constitutional referrals by ordinary courts – Judicial dialogue between constitutional courts and ordinary courts – Toolkit for judicial resistance – Novel taxonomy of features and functions of constitutional referrals – Separation of powers approach – Democratic decay – Self-defence mechanism – Mix of methodological approaches – Case study on Czechia
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The European Convention on Human Rights in Israeli Courts Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-03-19 Tamar Hostovsky Brandes, Natalie R. Davidson
References to the European Convention on Human Rights by Israeli courts – the European Convention on Human Rights and the European Court of Human Rights as sources of comparative law – comparative law as technique of legitimation – content analysis of use by domestic courts of European Court of Human Rights jurisprudence – European Court of Human Rights jurisprudence and deference to state
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Introduction to the Special Section ‘Memory Laws and the Rule of Law’ Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-03-08 Anna Wójcik, Paula Rhein-Fischer
Introduction to the Special Section – relationship between memory laws and the rule of law – exploiting law in the service of historical policy and undermining democracy – rule of law backsliding – democratic backsliding – risk of abuse of memory laws
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Rule of Law Backsliding and Memory Politics in Hungary Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-03-08 Gábor Halmai
Introduction of the institutional framework of constitutional democracy and transitional justice in Hungary – Liberal constitutionalism as a victim of the authoritarian efforts of Viktor Orbán’s Fidesz party after the 2010 parliamentary elections – The legal governance of history contributing to the backsliding of democracy and the rule of law – Use of memory politics for the newly established authoritarian
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Protecting the Good Name of the Nation as Memory Law Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-03-08 Grażyna Baranowska
Memory laws – Protecting the good name of the nation – de facto memory laws – Prohibiting statements about the past – Article 301 of the Turkish Criminal Code – Protecting the good name of Poland and the Polish nation – Protecting the good name of the nation as de facto memory laws – Role of organisations in implementing the laws – Rule of law – Independence of the judiciary – European Court of Human
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Strategic Lawsuits against Public Participation (SLAPPs), the Governance of Historical Memory in the Rule of Law Crisis, and the EU Anti-SLAPP Directive Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-03-08 Adam Bodnar, Aleksandra Gliszczyńska-Grabias
Strategic Lawsuits against Public Participation (SLAPPs) – the rule of law backsliding – governance of historical memory – academic freedom – EU Draft Directive on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings
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The Politicisation of Constitutional Review of Memory Laws Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-03-08 Paula Rhein-Fischer, Anna Wójcik
German Federal Constitutional Court’s review of memory laws – Poland’s Constitutional Tribunal review of memory laws – politicisation of the judicial review of memory laws – gouvernement des juges – abusive judicial review
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The Case for Judicial Councils as Fourth-Branch Institutions Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-02-28 David Kosař, Katarína Šipulová, Ondřej Kadlec
Judicial councils – separation of powers – fourth-branch institutions – judicial independence – four ideal types of judicial councils – a judge-controlled, politician-controlled, inter-branch and fourth-branch judicial council – danger of politicisation and corporativism of the judiciary
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Proportionality during Times of Crisis: Precautionary Application of Proportionality Analysis in the Judicial Review of Emergency Measures Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-02-28 Pavel Ondřejek, Filip Horák
The need for a standard of review even during times of crisis – proportionality analysis as the ideal and universally applicable standard of review – the problem of excessive stringency of proportionality analysis during an emergency – the principle of in dubio pro libertate as the cause of the problem – adjusting each component of proportionality analysis to the precautionary principle as the solution
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EU Trade Policy between Constitutional Openness and Strategic Autonomy Eur. Const. Law Rev. (IF 1.6) Pub Date : 2024-01-08 Gesa Kübek, Isabella Mancini
From ‘strategic autonomy’ to ‘open strategic autonomy’ in the 2021 EU Trade Policy Review – questioning the added value of the qualifier ‘open’ – legal exploration of ‘openness’ in EU external trade – identification of constitutional norms of ‘openness’ in the Treaties – strong constitutional preference for openness – discretion for trade liberalisation and multilateralism and international cooperation
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The Lazy Legislature: Incorporating and Horizontalising the Charter of Fundamental Rights through Secondary Union Law Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-12-20 Tobias Mast, Christian Ollig
Constitutionalising private law – Horizontal effect of fundamental rights –New legislative techniques in the EU in platform governance – References to the Charter of Fundamental Rights in secondary union law – Article 14(4) of the Digital Services Act – Article 5(1) subparagraph 2 of the Terrorist Content Online Regulation – Compatibility of secondary union law references to the Charter with primary
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Is Centralised General Data Protection Regulation Enforcement a Constitutional Necessity? Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-11-30 Filipe Brito Bastos, Przemysław Pałka
Protection of personal data as a fundamental right – GDPR’s enforcement dilemma in cross-border cases – “One-stop-shop” model’s inadequacies highlighted – Distinction: regular cross-border enforcement versus cases of common European concern – Proposal: centralised enforcement mechanism for cases of common European concern – Union supervisory authority as a solution – Insufficiencies of the harmonisation
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Citizenship Deprivation in the Courts: Unveiling States’ Constitutional Structures Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-11-03 Rachel Pougnet
Citizenship deprivation on security grounds – Difference in state practices – Underlying citizenship regimes and states’ constitutional structures – Constitutional roles attributed to the citizen – Judicial decisions on citizenship deprivation – Comparison with a focus on France and the United Kingdom
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The Inapplicability of the Bosphorus Presumption to the European Economic Area Agreement: A Risk for the Coherence of Legal Systems in Europe Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-09-11 Umberto Lattanzi
The European Court of Human Rights holds that the Bosphorus presumption of equivalent protection cannot apply to the European Economic Area (EEA) Agreement – Its reasons focus on EEA Agreement’s lack of primacy, direct effect and adequate enforcement mechanisms – Not applying Bosphorus presumption to EEA Agreement results in the indirect review of EU law by the Strasbourg Court, given that EEA and
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Constitutional Design and the Seeds of Degradation in Divided Societies: The Case of Bosnia-Herzegovina Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-07-13 Lidia Bonifati
Constitutional design – Constitutional degradation – Power sharing – The rule of law – Constitutionalism – Constitution making – Constitutional transition – Divided societies – Role of internal diversity – Bosnia-Herzegovina – Inherent degradation – Dynamic degradation – European Court of Human Rights – Sejdić and Finci – Constitutional Court of Bosnia-Herzegovina – Compliance issues with court judgments
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Freedom or Feardom of Expression of Judges? Exploring the ‘Chilling Effect’ on Judicial Speech Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-07-11 Mohor Fajdiga, Saša Zagorc
Freedom of expression of judges – ‘Chilling effect’ of measures taken against judges (and prosecutors) – Silence or modification of speech – Rule of law crisis – ‘Chilling effect’ as one of the circumstances determining the proportionality of an interference with freedom of expression – Flexible approach in determining the sources of the ‘chilling effect’ – Little attention devoted by the Court to
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Spain, Judicial Independence, and Judges’ Freedom of Expression: Missing an Opportunity to Leverage the European Constitutional Shift? Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-07-11 Joan Solanes Mullor
Judicial independence as a European constitutional principle – Freedom of expression of judges in connection with judicial independence – Rule of law backsliding – Catalan secession crisis – Spanish Constitutional Court disqualification doctrine of magistrates – Freedom of expression of judges in favour of the Catalan secessionist movement – Spanish soft law on judicial independence
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Controlling the Narrative: Hungary’s Post-2010 Strategies of Non-Compliance before the European Court of Human Rights Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-04-26 Ula Aleksandra Kos
Focus of the literature on the European West, overlooking the marginalised European Central-East – Assumption of all illiberal states equally resisting international courts – Hungary’s unique subtle push-back against the European Court of Human Rights compared to overt resistance against the European Court of Justice – Empirical analysis of original data – Three strategies to control the narrative
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The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-02-23 Roger Masterman
The United Kingdom Human Rights Act 1998 – Constitutional migration – Impacts of legislative design and process on the internalisation of international standards – A taxonomy of migratory patterns under the Human Rights Act – Constitutional migration as a source of constitutional instability – Proposals for a British Bill of Rights
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The Hypocrisy of Authoritarian Populism in Poland: Between the Facade Rhetoric of Political Constitutionalism and the Actual Abuse of Apex Courts Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-02-16 Aleksandra Kustra-Rogatka
A discernible rift between the rhetoric of political constitutionalism and the real policy of authoritarian populists – The rhetoric focused on political constitutionalism and popular sovereignty as a façade and a utilitarian argument justifying the introduction of counter-constitutional changes through statute laws – Captured apex courts turned into useful devices of power consolidation – The analysis
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Constitutionalising the end of history? Pitfalls of a non-regression principle for Article 2 TEU Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-02-07 Julian Scholtes
Enforcement and conceptualisation of Article 2 TEU values – Rule of law – A non-regression principle for EU values faces significant pitfalls – Limits of the ‘backsliding’ paradigm informing doctrinal developments under Article 2 TEU – Inadequacy of a progress/regression trajectory as a lens for constitutional developments – Complexity of Article 2 values threatens to render regression assessments
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The Merkel Court: Judicial Populism since the Lisbon Treaty Eur. Const. Law Rev. (IF 1.6) Pub Date : 2023-02-07 Florian Meinel
The German Federal Constitutional Court’s recent case law in context – A systematic account of the Federal Constitutional Court’s changing constitutional imagination – The constitutional footprint of the grand coalitions during Angela Merkel’s 16-year term as German Chancellor – The changing architecture of parliamentary government in the Federal Republic and the role of the Court – The supermajoritarian
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EU Law’s Dark Private Legal Space: Researching Private Regulators and the Importance of Legal Doctrine Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-12-13 Anna Beckers
Private actors as non-institutional, and therefore often overlooked, participants in EU legal processes – A specific focus on their role as private regulators – Private actors such as companies, contracting parties and industry associations, play a pivotal regulatory role in the EU legal order – Classifying the existing legal research on private regulation – A legal-doctrinal approach towards private
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The Foundations of EU Administrative Law as a Scholarly Field: Functional Comparison, Normativism and Integration Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-12-13 Joana Mendes
Functional comparison of administrative laws – Development of EU administrative law based on a state-matrix of general principles – Jürgen Schwarze’s approach – Choices of object, objectives, method, assumptions and normative implications – Structural features of the EU administration versus the binary liberty-authority of core principles of national administrative law – Liberal normativist approach
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Actors and Roles in EU Law: Asking ‘Who Does What?’ in the European Union Legal System Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-12-12 Robin Gadbled, Elise Muir
Introduction to the special section – Actors of EU law – Activities of EU actors – Role definition in EU constitutional law – Constitutional theory – Separation of powers –Relationship between public authorities and individuals – Institutional actors – Private actors – Lobbyists – Law and practice – Legal doctrine – Research methods in EU law – Importance of theoretical frameworks in defining the parameters
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From the Stage to the High Seas: Concluding Thoughts on the Present and Future of EU Legal Studies Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-12-01 Antoine Bailleux
Difference between social science analyses of law and legal analyses – Theatre metaphor to understand the difference – Internal and external points of view – Necessity for legal analysis to use materials lying outside the classical pyramid of formal sources – Overview of the spectrum of legal research – Legally relevant texts and practices – Interdisciplinary approaches to law and lawyers’ disciplinary
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Judicial Independence in European Constitutional Law Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-12-01 Rafael Bustos Gisbert
Judicial independence in the context of rule of law backsliding – a systematisation of case law from the Court of Justice and the European Court of Human Rights – classic dimensions of objective and subjective independence of judges – a new third dimension: the right of judges to their own independence as final safeguard
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Legal Methods for the Study of EU Institutional Practice Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-12-01 Bruno De Witte
Methodological choices in the legal study of the role of EU institutions – The so-called doctrinal legal method is appropriate, provided that it includes the analysis of key elements of non-legal institutional practice – Simple distinction between the study of ‘law in the books’ and that of ‘law in action’ to be qualified – Doctrinal legal scholarship is meaningful only when it acknowledges and incorporates
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No Longer Marginal? Finding a Place for Lobbyists and Lobbying in EU Law Research Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-12-01 Emilia Korkea-aho
Putting ‘lobbyists’ and ‘lobbying’ on the EU law map – acknowledging that there is little interest in lobbying by EU legal research – explaining why EU lawyers and especially constitutional law scholars should be interested in lobbying – presenting a framework to study lobbyists as regulated actors under EU law – considering the merits of ethnographically-oriented socio-legal research and the ‘new
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The EU Recovery Instrument and the Constitutional Implications of its Expenditure Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-11-16 Antonio-Martín Porras-Gómez
2021–2027 Recovery Plan for Europe and its Recovery and Resilience Facility have altered elements of the EU institutional equilibrium – constitutional consistency of the ensuing design – implications for the constitutional evolution of the EU – analysis of the expenditure of the Recovery and Resilience Facility – new fiscal economic stabilisation function – conditionality attached to the funds – strengthened
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Militant Democracy, Populism, Illiberalism: New Challengers and New Challenges Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-11-08 Angela K. Bourne, Bastiaan Rijpkema
Introduction to the Special Section – ECPR 2021 Joint Sessions ‘Militant Democracy: New Challengers and Challenges’ – metamorphoses of a Cold War concept – new challengers intensify challenges for militant democracy – evaluation of the effects and effectiveness of militant democracy – new conceptual and normative approaches broaden concept of militant democracy – risk of ‘concept stretching’ – minimal
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Radical-right Parties in Militant Democracies: How the Alternative for Germany’s Strategic Frontstage Moderation Undermines Militant Measures Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-11-08 Franziska Brandmann
Democratic defence – Germany’s militant democracy – militant measures against radical-right parties – targeted organisations in militant democracies not passive recipients of militant measures – actions taken by targeted organisations – parties engaging in frontstage moderation to shield the party from militant measures – alternative for Germany shielding the party from militant measures by the Office
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Militant Democracy and the Minority to Majority Effect: on the Importance of Electoral System Design Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-10-24 Tom van der Meer, Bastiaan Rijpkema
Impact of electoral system design on democratic self-defence – ‘informal’ (content neutral) militant democracy instrument – the minority to majority effect (assigning majoritarian power to political minorities) increases risk of democratic backsliding – minority to majority goes beyond conventional systemic dichotomies as majoritarianism versus proportionalism: outcome of diverse system features –
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The Role of Judicial Craft in Improving Democracy’s Resilience: The Case of Party Bans in Czechia, Hungary and Slovakia Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-10-07 Max Steuer
The unsuccessful petition to ban Slovakia’s extreme right parliamentary party – the value of focusing on judicial craft for studies of militant democracy and courts – statutory frameworks as intervening variables and their overview in Czechia, Hungary and Slovakia – key components of judicial craft endogenous to courts: consistency, legal reasoning skills, problem-solving abilities, creativity – the
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From Militant Democracy to Normal Politics? How European Democracies Respond to Populist Parties Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-10-06 Angela K. Bourne
Problems with militant democracy and democratic defence approaches – a new typology of initiatives opposing populist parties: democratic defence as ‘normal politics’ – populist opponents: public authorities, parties and civil society – tolerant and intolerant modes of engagement with populists – intolerant initiatives opposing populist parties – rights restrictions by public authorities – ostracism
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Citizens’ Actions against Non-liberal-democratic Parties Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-09-06 Tore Vincents Olsen
Political parties are important for the functioning and consolidation of democracy – citizens should defend their rights against parties with agendas that conflict with the principles of liberal democracy – the types of actions that are permissible for citizens depends on the conditions of political legitimacy and the closeness to power of non-liberal-democratic parties – theories of both (un-)civil
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Thinking EU Militant Democracy beyond the Challenge of Backsliding Member States Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-09-01 Franca Maria Feisel
EU militant democracy – an approach beyond member states’ democratic backsliding – the EU as a first case of transnational democratic self-defence – the EU’s democratic legitimacy – national and supranational threats to EU democracy – instruments and enforcement of EU militant democracy – comparison to national militant democracy – problems of effectiveness
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Human Dignity in Legal Argumentation: A Functional Perspective Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-07-14 Filip Horák
A functional universalistic approach to human dignity in legal argumentation – a theory which applies three variables to define the functions of dignity: content width, argumentative power, and applicability before courts – relative individual right, objective value and source of human rights as legitimate basic functions – the problematic nature of hybrid functions created by blending the basic functions
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Directive Principles, Political Constitutionalism, and Constitutional Culture: the Case of Ireland’s failed Directive Principles of Social Policy Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-07-08 David Kenny, Lauryn Musgrove McCann
Directive principles of social or state policy – use of constitutional provisions in parliamentary debates – economic, social and cultural rights – political constitutionalism – Article 45 of the Constitution of Ireland – constitutional culture – constitutional narrative – failure of constitutional culture to take hold – limits of constitutional text
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Whose Freedom is it Anyway? The Fundamental Rights of Companies in EU Law Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-07-07 Eduardo Gill-Pedro
Granting fundamental rights to companies – nature of freedom as a fundamental value in EU law – intrinsic value of protecting freedom of individuals and instrumental value of protecting freedom of companies – Dan Cohen and rationale for protecting rights of organisations – transformation of the right to conduct business in EU law in Alemo Herron and subsequent case law – from right to do that which
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The Making of an Imagined ‘Community of Law’: Law, Market and Democracy in the Early Constitutional Imaginaries of European Integration Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-03-30 Hugo Canihac
Invention and promotion of the concept of ‘Community of law’ in the EEC – The role and thought of Walter Hallstein – Moving beyond the traditional opposition between ‘constitutionalists’ and ‘internationalists’ – The diversity and struggles among the ‘constitutionalists’ – Constitutional imaginaries as different conceptions of the relation of law, market, and democracy – Social processes at work in
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Infringement Actions 2.0: How to Protect EU Values before the Court of Justice Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-03-17 Matteo Bonelli
Infringement actions and EU values – constitutional backsliding in Hungary and Poland – the role of the Court of Justice – judicial independence and Article 19 TEU – the Charter of Fundamental Rights – the toolkit to protect EU values – political and judicial mechanisms – a bottom-up approach
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Challenging the Use of EU Funds: Locus Standi as a Roadblock for Disability Organisations Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-03-01 Neža Šubic
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The First Episode in the Romanian Rule of Law Saga: Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asociaţia ‘Forumul Judecătorilor din România, and their follow-up at the national level Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-03-01 Madalina Moraru,Raluca Bercea
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The National and EU Targets for Reduction of Greenhouse Gas Emissions Infringe the ECHR: The Judicial Review of General Policy Objectives Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-03-01 Leonard F.M. Besselink
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The Polish Constitutional Tribunal Crisis from the Perspective of the European Convention on Human Rights Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-03-01 Marcin Szwed
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The European Court of Justice Allows Third Countries to Challenge EU Restrictive Measures Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-03-01 Luigi Lonardo,Elisabet Ruiz Cairó
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The Requirement that Tribunals be Established by Law: A Valuable Principle Safeguarding the Rule of Law and the Separation of Powers in a Context of Trust Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-01-19 Cecilia Rizcallah, Victor Davio
Requirement that tribunals be established by law – European Convention on Human Rights – EU Charter of Fundamental Rights – Fair trial – Rule of law – Separation of powers – Public trust
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Nationality and Equal Political Rights: A Necessary Link? Eur. Const. Law Rev. (IF 1.6) Pub Date : 2022-01-12 Andreas Samartzis
Main justifications for regarding common nationality as a necessary condition for holding equal political rights – Critique of collective self-determination, equal stakes, nature of political activity, and stability justifications – Rejection of the incommensurability of legitimacy and justice – Socioeconomic interdependence and liberal democratic values as the normative grounds for equal stakes –
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Shielding the Market from the Masses: Economic Liberalism and the European Union Eur. Const. Law Rev. (IF 1.6) Pub Date : 2021-12-01 Hilary Hogan
In a well-known ancient fable, one child topples the myth that has captivated the masses by pointing out: the Emperor has no clothes. Michael A. Wilkinson is here, in his outstanding new book, telling us the unvarnished truth about the European Union. He is one of the first scholars to depict, with devastating clarity, what has been perfectly plain to see all along. The European Union is not the world’s
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Nature versus Nurture: ‘Sex’ and ‘Gender’ before the Romanian Constitutional Court Eur. Const. Law Rev. (IF 1.6) Pub Date : 2021-12-01 Elena Brodeală,Georgiana Epure
Both authors contributed equally to the writing of this article. *Elena Brodeală holds a PhD in Law from the European University Institute and an LLM from Yale Law School. She is Postdoctoral Researcher at the University of Zurich in the URPP project ‘Human Reproduction Reloaded’ and an Adjunct Lecturer at Sciences Po in France. At the time of writing, she was also an Odobleja Fellow at the New Europe
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The Hungarian Constitutional Court and the Central European University Case: Justice Delayed is Justice Denied Eur. Const. Law Rev. (IF 1.6) Pub Date : 2021-12-01 Nóra Chronowski,Attila Vincze
*Professor of Constitutional Law and Senior Researcher, Institute for Legal Studies, Centre for Social Sciences, Budapest, and National University of Public Service Ludovika, Hungary. This study forms part of research project No 128796 funded by the National Research Development and Innovation Office, which is investigating the normative content of the principle of democracy from the perspective of
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The Transformation of the Economic and Monetary Union: Solidarity, Stability, and the Limits of Judicial Authority Eur. Const. Law Rev. (IF 1.6) Pub Date : 2021-12-01 Justin Lindeboom
On Thursday, 11 February 2010, the political leaders of the EU initiated what would turn out to be no less than a constitutional transformation of the Economic and Monetary Union. They declared their joint commitment to the financial stability of the Eurozone and the Union.1 This commitment upgraded the currency union’s central focus on price stability, dating from the Treaty of Maastricht. More fundamentally
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Reforming to Please: A Comprehensive Explanation for Non-Exit from the European Court of Human Rights Eur. Const. Law Rev. (IF 1.6) Pub Date : 2021-11-29 Hubert Smekal, Nino Tsereteli
States’ growing dissatisfaction with the performance of the European Court of Human Rights – Governments’ commitment to reform process – Threats of exit that failed to materialise – Adaptation of Hirschman’s exit–voice–loyalty framework to explain states’ non-exit from the European Court of Human Rights – Sufficiently effective voice, manifestations of loyalty, and high costs of exit as possible reasons
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The Veiled Irreverence of the Italian Constitutional Court and the Contours of the Right to Silence for Natural Persons in Administrative Proceedings Eur. Const. Law Rev. (IF 1.6) Pub Date : 2021-11-23 Luigi Lonardo
DB v Consob1 is the first case in which the Court of Justice of the European Union had to decide whether the right to silence is applicable to natural persons in the context of administrative proceedings which may lead to the imposition of a criminal penalty (in casu, on market abuse). Previously, the Court had had the occasion to adjudicate on the right to silence of legal persons in the area of market
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National Security and Retention of Telecommunications Data in Light of Recent Case Law of the European Courts Eur. Const. Law Rev. (IF 1.6) Pub Date : 2021-11-15 Marcin Rojszczak
The Court of Justice is once again clarifying the limits of the application of data retention laws – General obligation to retain data exceeds the limits of what is strictly necessary within a democratic society – The national security exception does not preclude a judicial assessment of the legitimacy of its application – The existence of a genuine and specific threat as a premise for the use of untargeted
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The Italian Constitutional Court in its Context: A Narrative Eur. Const. Law Rev. (IF 1.6) Pub Date : 2021-09-14 Diletta Tega
Italian Constitutional Court, development of re-centralised case law against the displacement of national constitutional courts – Italian Constitutional Court challenges the Simmenthal doctrine – Double preliminary questions – The Italian Constitutional Court’s continuous need for legitimation – The Italian Constitutional Court’s adaptation of its case law and doctrines to the legal and political context