National Constitutions in European and Global Governance : Democracy, Rights, the Rule of Law -- National Reports

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’.The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law.**Anneli Albi** is Professor of European Law at the University of Kent, United Kingdom.**Samo Bardutzky** is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. Front Matter ....Pages i-xxiv Front Matter ....Pages 1-1 Revisiting the Role and Future of National Constitutions in European and Global Governance: Introduction to the Research Project (Anneli Albi, Samo Bardutzky)....Pages 3-37 Questionnaire for the Constitutional Law Experts of the Research Project ‘The Role and Future of National Constitutions in European and Global Governance’ (Anneli Albi)....Pages 39-79 Front Matter ....Pages 81-81 Europe’s Gift to the United Kingdom’s Unwritten Constitution – Juridification (Alison L. Young, Patrick Birkinshaw, Valsamis Mitsilegas, Theodora A. Christou)....Pages 83-139 The Constitution of Malta: Reflections on New Mechanisms for Synchrony of Values in Different Levels of Governance (Peter G. Xuereb)....Pages 141-178 The Netherlands: The Pragmatics of a Flexible, Europeanised Constitution (Leonard Besselink, Monica Claes)....Pages 179-220 The Constitution of Luxembourg in the Context of EU and International Law as ‘Higher Law’ (Jörg Gerkrath)....Pages 221-267 The Role of the Danish Constitution in European and Transnational Governance (Helle Krunke, Trine Baumbach)....Pages 269-313 The Constitution of Sweden and European Influences: The Changing Balance Between Democratic and Judicial Power (Joakim Nergelius)....Pages 315-358 Finland: European Integration and International Human Rights Treaties as Sources of Domestic Constitutional Change and Dynamism (Tuomas Ojanen, Janne Salminen)....Pages 359-404 Front Matter ....Pages 405-405 European Constitutionalism and the German Basic Law (Dieter Grimm, Mattias Wendel, Tobias Reinbacher)....Pages 407-492 The Constitution of Italy: Axiological Continuity Between the Domestic and International Levels of Governance? (Giuseppe Martinico, Barbara Guastaferro, Oreste Pollicino)....Pages 493-541 The Constitution of Spain: The Challenges for the Constitutional Order Under European and Global Governance (Joan Solanes Mullor, Aida Torres Pérez)....Pages 543-590 Portugal: The Impact of European Integration and the Economic Crisis on the Identity of the Constitution (Francisco Pereira Coutinho, Nuno Piçarra)....Pages 591-639 The Constitution of Greece: EU Membership Perspectives (Xenophon Contiades, Charalambos Papacharalambous, Christos Papastylianos)....Pages 641-683 Front Matter ....Pages 685-685 The Future Mandate of the Constitution of Slovenia: A Potent Tradition Under Strain (Samo Bardutzky)....Pages 687-744 The Role of the Polish Constitution (Pre-2016): Development of a Liberal Democracy in the European and International Context (Stanisław Biernat, Monika Kawczyńska)....Pages 745-793 The Czech Republic: From a Euro-Friendly Approach of the Constitutional Court to Proclaiming a Court of Justice Judgment Ultra Vires (Zdeněk Kühn)....Pages 795-833 Slovakia: Between Euro-Optimism and Euro-Concerns (Zuzana Vikarská, Michal Bobek)....Pages 835-886 The Constitution of Estonia: The Unexpected Challenges of Unlimited Primacy of EU Law (Madis Ernits, Carri Ginter, Saale Laos, Marje Allikmets, Paloma Krõõt Tupay, René Värk et al.)....Pages 887-950 The Constitution of Latvia – A Bridge Between Traditions and Modernity (Kristīne Krūma, Sandijs Statkus)....Pages 951-995 The Constitutional Experience of Lithuania in the Context of European and Global Governance Challenges (Irmantas Jarukaitis, Gintaras Švedas)....Pages 997-1046 Romania – The Vagaries of International Grafts on Unsettled Constitutions (Bogdan Iancu)....Pages 1047-1095 The Bulgarian Constitutional Order, Supranational Constitutionalism and European Governance (Evgeni Tanchev, Martin Belov)....Pages 1097-1138 The Constitution of Croatia in the Perspective of European and Global Governance (Iris Goldner Lang, Zlata Đurđević, Mislav Mataija)....Pages 1139-1177 Front Matter ....Pages 1179-1179 The Constitution of France in the Context of EU and Transnational Law: An Ongoing Adjustment and Dialogue to Be Improved (Laurence Burgorgue-Larsen, Pierre-Vincent Astresses, Véronique Bruck)....Pages 1181-1223 The Belgian Constitution: The Efficacy Approach to European and Global Governance (Patricia Popelier, Catherine Van de Heyning)....Pages 1225-1270 The Constitution of Austria in International Constitutional Networks: Pluralism, Dialogues and Diversity (Konrad Lachmayer)....Pages 1271-1322 Ireland: The Constitution of Ireland and EU Law: The Complex Constitutional Debates of a Small Country (Gerard Hogan)....Pages 1323-1371 The Cypriot Constitution Under the Impact of EU Law: An Asymmetrical Formation (Constantinos Kombos, Stéphanie Laulhé Shaelou)....Pages 1373-1432 Front Matter ....Pages 1433-1433 Introductory Editorial Note to the Hungarian Report: The Pre-2010 Rule of Law Achievements and the Post-2010 Illiberal Turn (Anneli Albi)....Pages 1435-1437 Hungary: Constitutional (R)evolution or Regression? (Nóra Chronowski, Márton Varju, Petra Bárd, Gábor Sulyok)....Pages 1439-1488 Front Matter ....Pages 1489-1489 Constitutionalisation and Democratisation of Foreign Affairs: The Case of Switzerland (Raffaela Kunz, Anne Peters)....Pages 1491-1522 This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. La 4 de couverture indique : "This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law." A key comparative reference book, with each report systematically structured to cover the same themes. Each report contains constitutional amendments, constitutional challenges to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, austerity cases, judicial review and democratic control in global governance. This book takes a bottom-up approach and makes available case law and constitutional debates in the Member States, including those that are considered more peripheral. The national reports contain a wealth of assessments and practical policy recommendations from constitutional experts. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. https://directory.doabooks.org/handle/20.500.12854/29771