ABSTRACT

Combining insights from comparative legal theory, jurisprudence and legal history, this collection examines the legal and constitutional identity of Central and Eastern Europe.

Although the various countries of Central and Eastern Europe have often compared themselves to the West, the failure of these countries to engage with one another has resulted in a whole spectrum of legal identities remaining hidden. This book takes up a comparison of such identities within the region of Central and Eastern Europe, and following from the prima facie similarity between the region’s countries, given the experience of communism and legal transfers. The book thereby illuminates, through comparisons, the distinct legal identities of the 16 Central and Eastern European states; whilst, at the same time, arguing for a shared Central and Eastern European legal identity.

This book will appeal to scholars and students in the area of comparative law, as well as lawyers, political scientists, sociologists, and historians with particular interests in Central and Eastern Europe.

chapter |12 pages

Introduction

Central and Eastern Europe Between Law, Culture, Identity and Comparison

part I|152 pages

Central and Eastern European Legal CulturesTheorerical Perspectives

chapter Chapter 2|19 pages

Central Europe

What's in a Name? Forging an Understanding of the Region as a Socio-Legal and a Socio-Political Space 1

chapter Chapter 3|19 pages

The Region without Qualities

Fiction, International Law and the Internalized Irrelevance of Central and Eastern Europe

chapter Chapter 5|21 pages

Non-Compliance with the European Court of Human Rights Judgments

Delineating the Features of Central and Eastern European Legal Identity

chapter Chapter 7|28 pages

Constitutional Identity as Competing Historically Driven Narratives

Central and European Perspectives

part II|188 pages

Central and Eastern European Legal CulturesCase Studies

chapter Chapter 8|23 pages

Eternity Clause as Agalma

Articulating Constitutional Identity in Romania and Latvia

chapter Chapter 9|22 pages

An Ancestry of Bridges

The Persistence of Legal Transplants in Croatia and Poland

chapter Chapter 10|28 pages

The External Influence on Constitutional Identity

Comparing Estonia and Serbia 1

chapter Chapter 11|20 pages

Historical Trajectories and Shared Destiny as a Basis for Common Legal Identity

The Cases of Bosnia and Herzegovina and Montenegro

chapter Chapter 12|22 pages

The Ever-Blurred Features of the Rule of Law

Albania and Bulgaria

chapter Chapter 14|27 pages

Guarantees for Linguistic Identity

Approaches of the Republic of Lithuania and of the Republic of Moldova

chapter |2 pages

Afterword

A Central and Eastern European Legal Culture?