European constitutional courts as law-makers: research synthesis

European constitutional courts (CCs) are not only negative but also positive law-makers. They determine the shape of the law by repealing unconstitutional norms from it and by modifying and supplementing those norms that remain in the legal order after the announcement of their partial unconstitutionality. The CCs’ law-making is applied through the creative interpretation of law and adjudication on constitutionality of law combined with the determination of the extent of the declared unconstitutionality and the legal consequences of the CCs’ judgements. This chapter contains the research synthesis on the law-making activity of selected European CCs and presents the arguments advanced by the contributors to the book. The similarities and differences in the CCs’ judicial law-making are analysed from a comparative perspective at both constitutional and sub-constitutional levels.