Constitutional evolution in Central and Eastern Europe : expansion and integration in the EU

edited by Kyriaki Topidi and Alexander H.E. Morawa

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.

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  • Foreword, Lech Garlicki
  • Prologue: the nature and significance of the CEE constitutional transition, Topidi and Morawa
  • Part I Foundations and Methods of Constitutional Dialogue in CEE: Deliberative constitutionalism in Estonia, Kerikmae
  • EU law and constitutionalization in Romanian legal doctrine, Tanasescu
  • EU constitutionalism after enlargement in CEE: an exercise inconstitutional 'translation'?, Topidi.
  • Part II The Role of Courts in the New Legal Order: Constitutional pluralism and judicial cooperation in the EU after the Eastern enlargement: a case study of the Czech and Slovak courts, Dubrovsky
  • The constitutional versus the European role of the judiciary in Poland, Mikuli
  • Structural inconveniences if the Treaty of Lisbon in the Czech Republic, Zemanek
  • Kafka, Kelsen and supremacy: how European courts could interact with a view to fostering constitutionalism, Morawa.
  • Part III The Rule of Law and Policy-Making in CEE after Enlargement: Raising the standard?: the challenges of human rights protection in Hungary, Somody
  • Debating constitutionalization in the public media in CEE, Nyman-Metcalfe
  • Populism and the rule of law: a view from Bulgaria, Smilov
  • Index.

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書名 Constitutional evolution in Central and Eastern Europe : expansion and integration in the EU
著作者等 Morawa Alexander H. E.
Topidi Kyriaki
シリーズ名 Studies in modern law and policy
出版元 Ashgate
刊行年月 c2011
ページ数 x, 279 p.
大きさ 24 cm
ISBN 9781409403272
NCID BB04893496
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言語 英語
出版国 イギリス