ABSTRACT

The centrality of legality, the rule of law, constitutionalism and human rights in the radical changes in the former communist countries of Central and Eastern Europe since 1989 has been widely noticed and analysed. The post-1989 'return' to constitutionalism and the rule of law or, at the very least, the rejection of the communist instrumentalisation of the law for political purposes, reconnected with a trend of globally emerging, 'new' constitutionalism. The European Convention on Human Rights has clearly become a major legal instrument in the context of domestic constitutional law and legislation, and is increasingly perceived as possessing constitutional qualities. A highly significant matter in the context of membership in the European Union (EU) is the relation between national constitutional law and EU law. The main developments that were deemed worrisome according to the Commission were the laws concerning the Constitutional Tribunal and changes in the law on Public Service Broadcasters.