
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
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
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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
part |2 pages
Part I Foundations and Methods of Constitutional Dialogue in CEE
chapter 4|22 pages
Fundamental Rights in the EU’s Post-enlargement Landscape: An Exercise in Constitutional Translation?
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
chapter 6|18 pages
The Constitutional versus the European Role of the Judiciary in Poland
chapter 7|24 pages
Structural Inconveniencies of the Treaty of Lisbon in the Czech Republic
chapter 8|48 pages
Kafka, Kelsen and Supremacy: How European Courts Could Interact with a View to Fostering Constitutionalism
part |2 pages
Part III The Rule of Law and Policy-Making in ECC after Enlargement