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Constitutional Evolution in Central and Eastern Europe

DOI link for Constitutional Evolution in Central and Eastern Europe

Constitutional Evolution in Central and Eastern Europe book

Expansion and Integration in the EU

Constitutional Evolution in Central and Eastern Europe

DOI link for Constitutional Evolution in Central and Eastern Europe

Constitutional Evolution in Central and Eastern Europe book

Expansion and Integration in the EU
ByAlexander H.E. Morawa
Edition 1st Edition
First Published 2010
eBook Published 14 December 2016
Pub. location London
Imprint Routledge
DOI https://doi.org/10.4324/9781315573540
Pages 292 pages
eBook ISBN 9781315573540
SubjectsArea Studies, Law, Politics & International Relations
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Topidi, K. (Ed.), Morawa, A. (2010). Constitutional Evolution in Central and Eastern Europe. London: Routledge, https://doi.org/10.4324/9781315573540

This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.

TABLE OF CONTENTS

chapter 1|8 pages

Prologue: Constitutional Transition in Central and Eastern Europe

ByKyriaki Topidi and Alexander H.E. Morawa

part |2 pages

Part I Foundations and Methods of Constitutional Dialogue in CEE

chapter 2|32 pages

Estonia as an EU Member State: Lack of Pro-active Constitutional Dialogue Tanel Kerikmäe

chapter 3|22 pages

The Constitutionalization of EU Law in Romanian Jurisprudence

BySimina Tănăsescu

chapter 4|22 pages

Fundamental Rights in the EU’s Post-enlargement Landscape: An Exercise in Constitutional Translation?

ByKyriaki Topidi

part |2 pages

Part II The Role of Courts in the New Legal Order

chapter 5|28 pages

Constitutional Pluralism and Judicial Cooperation in the EU after the Eastern Enlargements: A Case Study of the Czech Tomáš Dumbrovský

BySlovak Courts

chapter 6|18 pages

The Constitutional versus the European Role of the Judiciary in Poland

ByPiotr Mikuli

chapter 7|24 pages

Structural Inconveniencies of the Treaty of Lisbon in the Czech Republic

ByJiri Zemanek

chapter 8|48 pages

Kafka, Kelsen and Supremacy: How European Courts Could Interact with a View to Fostering Constitutionalism

ByAlexander H.E. Morawa

part |2 pages

Part III The Rule of Law and Policy-Making in ECC after Enlargement

chapter 9|22 pages

Raising the Standard? The Current Challenges in Human Rights Protection in Hungary

ByBernadette Somody

chapter 10|22 pages

Constitutionalization and the Media in Post-enlargement Central and Eastern Europe

ByKatrin Nyman-Metcalf

chapter 11|22 pages

The Rule of Law and the Rise of Populism: A Case Study of Post-Accession Bulgaria

ByDaniel Smilov
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