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Academic literature on the topic 'Constitutional courts – Europe'

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Published: 10 March 2023

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Journal articles on the topic "Constitutional courts – Europe"

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Castillo-Ortiz, Pablo. "The Illiberal Abuse of Constitutional Courts in Europe." European Constitutional Law Review 15, no. 1 (March 2019): 48–72. http://dx.doi.org/10.1017/s1574019619000026.

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Legal constitutionalism – Political constitutionalism – Emergence of illiberal constitutionalism as a tertium genus – Examination of constitutional courts under three illiberal governments: Poland, Hungary, and Turkey – Illiberal governments’ strategies to seize control of constitutional courts – Illiberal governments’ aim to secure leverage over constitutional judges and restrict the powers of review of the court – Constitutional courts under illiberal rule invert the traditional functions that were assigned to them under the original Kelsenian approach – Instead of a check on power, illiberal constitutional courts become a device to circumvent constitutional constraints and concentrate power in the hands of the ruling actors.
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Slinko, T. M. "Сompetence of the Federal Constitutional Court of Germany and the Constitutional Court of Ukraine: comparative legal analysis." Uzhhorod National University Herald. Series: Law 2, no. 73 (December 15, 2022): 215–18. http://dx.doi.org/10.24144/2307-3322.2022.73.63.

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Reflections on «possible constitutions of Europe» can have two directions. On the one hand, one can wonder about the legal form of the European Union: the fact that it is no longer a confederation of states, but not yet a federal state, requires a legal classification, for which a new concept of Verfassungsverbund was created in Germany, that is, a constitutional union. On the other hand, the question arises as to which national constitutions, or which parts of these constitutions, or which individual norms of these constitutions are best used to build a constitutional order in Europe. Solving this issue is not only a classic mission of comparative jurisprudence, but also of the current law of the European Community, since Article 6 of the Treaty onthe European Union declares certain principles of the Western constitutional state «common to all member states» and orders to consider fundamental rights «arising from common constitutional traditions of member countries, as general principles of Community law». Within the framework of the second way of formulating the question, the following description refers to the experience gained during the use of elements of the German Constitution to build other European constitutions. In this article, we will conduct a comparative legal analysis of the powers of the Federal Constitutional Court of Germany and the Constitutional Court of Ukraine. The possibility of legal review guarantees the supremacy of the constitution by sanctioning theviolation of the law of the constitution by repealing the law. According to the experience accumulated so far, an autonomous and independent constitutional court with the possibility of a constitutional appeal is a good way to protect human rights. Constitutional courts have a part of each existing state monopoly, namely the power of parliament to make laws and the power of the supreme court to interpret and apply laws passed by parliament.
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Cartabia, Marta. "Europe and Rights: Taking Dialogue Seriously." European Constitutional Law Review 5, no. 1 (February 2009): 5–31. http://dx.doi.org/10.1017/s1574019609000054.

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Judicial dialogue – protection of fundamental rights – common constitutional principles – judicial activism – Charter of Fundamental Rights – pluralistic nature of Europe – national particularism – preliminary reference procedure – duty of constitutional courts to participate in dialogue – protection of national constitutional values and traditions – judicial style of European Court of Justice
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Goldoni Barijan, Gustavo. "OS MODELOS DE JUSTIÇA CONSTITUCIONAL E O SUPREMO TRIBUNAL FEDERAL." Revista Científica Semana Acadêmica 10, no. 223 (July 26, 2022): 1–19. http://dx.doi.org/10.35265/2236-6717-223-12163.

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The present work seeks to analyze the evolution of the review of constitutionality of the infra-constitutional order from the social evolution itself and the concept of supremacy of the Constitution in two moments: the first with the formation of national States and their own Constitutions, and then with the emergence of the constitutionalism. Afterwards, it will develop the two main forms of exercising this control, the first one arising in the United States, through the judicial control of the acts. The second, by the emergence of Constitutional Courts in Continental Europe. After analyzing these two models, Brazil's position on this issue will be demonstrated, especially the Federal Supreme Court.
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Miljojković, Teodora. "Emergency governance (un)bound: A brief reflection on Southeast Europe's response to Covid-19 pandemic." Pravni zapisi 12, no. 1 (2021): 123–45. http://dx.doi.org/10.5937/pravzap0-29534.

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Relying on the Madison-Schmitt dichotomy in the theory of emergency governance, this article will explore to what extent constitutional courts of Southeast Europe imposed warranted limits to the executive power in their responses to the Covid-19 global pandemic. The specific aim of this article is to illustrate how the constitutional courts of Croatia and Serbia responded to the question of whether the Covid-19 pandemic called for the introduction of the state of emergency. The dilemmas that emerged in the Covid-19-related rulings of these courts reflect the heated constitutional theoretical debates on emergency powers, which could be roughly reduced to three main points of examination: (1) Is the executive de facto Schmitt's sovereign , who decides on the case of exception even when the constitution states other-wise? (2) Should the courts, following the historically repetitive practice, demonstrate special deference to other branches of government in the time of crisis such as the Covid-19 pandemic? (3) Are the courts in the position to assess the constitutionally envisaged facts and conditions for introducing the emergency regime, e.g., to go into a formal and substantive review of the declaration of the state of emergency? The analysis will conclude that the constitutional courts of Serbia and Croatia failed to set out a robust doctrine of emergency powers and constrain other branches of governments effectively. In Serbia, that resulted in a constitutionally legitimized NEO-Schmittian model, which presupposes that in the time of a crisis, the powers of emergency decision making significantly shift to the executive. On the other hand, the Croatian Constitutional Court missed the chance of entrenching a strong Madisonian model based on the interbranch checks and balances and cooperation.
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Moraski, Bryon J. "Constructing courts after communism: Reevaluating the effect of electoral uncertainty." Communist and Post-Communist Studies 46, no. 4 (October 29, 2013): 433–43. http://dx.doi.org/10.1016/j.postcomstud.2013.10.001.

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A prominent view in political science is that electoral uncertainty leads institutional designers to prefer independent and powerful courts. Yet few scholars have examined the design of constitutional courts systematically across Eastern Europe and those who have employed the results of elections held after constitutions were adopted to estimate the actors’ perceptions of the balance of power prior to the court’s design. This work reevaluates the effects of electoral uncertainty in post-communist Europe using more appropriate data and fuzzy-set qualitative comparative analysis to outline the different causal configurations linking electoral uncertainty to the initial judicial empowerment.
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Voβkuhle, Andreas. "Multilevel cooperation of the European Constitutional Courts: Der Europäische Verfassungsgerichtsverbund." European Constitutional Law Review 6, no. 2 (June 2010): 175–98. http://dx.doi.org/10.1017/s1574019610200020.

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Broad concept of constitutional jurisdiction – Triangle between Karlsruhe, Strasbourg and Luxembourg – European vocation of the German Constitutional Court and Basic Law – European Convention on Human Rights – Karlsruhe decisions can be reviewed in Strasbourg – Human rights-related constitutional court – European Court of Justice developed into constitutional court of the Union – Verbund between three courts – No simplistic hierarchy – Verbund techniques – Dialogue in Human Rights; Interplay in Integration – Federal Constitutional Court and European Court of Human Rights functionally comparable – Both Courts seek substantive coherence as Verbund technique – Federal Constitutional Court commits all German authorities to the Convention – Federal Constitutional Court and ECJ – Principle of openness to European Law – Sharing and assigning responsibilities in complex system – Solange, ultra vires and identity review – Responsibility for integration, due by Court and other German bodies – Federal Court contributes to common European Constitutional order – Europe-wide discursive struggle and ‘Lernverbund’
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Chakim, M. Lutfi. "A Comparative Perspective on Constitutional Complaint: Discussing Models, Procedures, and Decisions." Constitutional Review 5, no. 1 (May 31, 2019): 096. http://dx.doi.org/10.31078/consrev514.

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The constitutional complaint is one of the important constitutional court jurisdictions that can be described as a complaint or lawsuit filed by any person who deems his or her rights has been violating by act or omission of public authority. Currently, the constitutional court in many countries have adopted a constitutional complaint system in a variety of models. However, the first application of the constitutional complaint jurisdiction came from Europe. In Austria, the constitutional complaint is allowed against the administrative actions but not against the court decisions. While Germany and Spain have a similar model that is a complaint against an act of the public authority including court decisions. In Asia, it is imperative that the court in Asia actively participate in the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). The AACC members have adopted a system of constitutional adjudication in a variety of models, and when it comes to jurisdictions, out of sixteen AACC members, there are four countries (Azerbaijan, South Korea, Thailand, and Turkey) have the constitutional complaint in their jurisdictions. In Azerbaijan, constitutional complaint is comparatively broad. Azerbaijan’s Constitutional Court can handle constitutional complaint against the normative legal act of the legislative and executive, an act of a municipality and the decisions of courts. In contrast, even though constitutional complaint in South Korea and Thailand can be against the exercise and non-exercise of state power, constitutional complaint cannot be filed against court decisions. In Turkey, the constitutional complaint mechanism is coupled with the regional system of human rights protection. The Turkish Constitutional Court handles complaints from individuals concerning violations of human rights and freedoms falling under the joint protection of the Turkish Constitution and the European Convention on Human Rights (ECHR). This paper argues that constitutional complaint represents the main part of the constitutional court, and through a comparative perspective among three countries in Europe and four AACC members are expected to provide lessons for the other AACC members that do not have a constitutional complaint mechanism, such as Indonesia.
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Komárek, Jan. "The Place of Constitutional Courts in the EU." European Constitutional Law Review 9, no. 3 (November 5, 2013): 420–50. http://dx.doi.org/10.1017/s157401961200123x.

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Going beyond ‘judicial dialogues’ and ‘conflict-and-power’ approaches to the analysis of national constitutional courts' role in the EU – The idea of European constitutional democracy – National constitutional courts constrain individual autonomy expanded by European integration – National constitutional courts defend the scope for political autonomy – Against national constitutional courts' displacement – Simmenthal II – After the ‘Rights Revolution’ in Europe – National constitutional courts' references to the ECJ – Ordinary courts challenging national constitutional courts through the preliminar y reference procedure – Parallel references – National constitutional courts enforcing EU law – National constitutional courts challenging EU law
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Paris, Davide. "Constitutional courts as European Union courts." Maastricht Journal of European and Comparative Law 24, no. 6 (December 2017): 792–821. http://dx.doi.org/10.1177/1023263x17747232.

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In principle, constitutional courts do not review questions of domestic compliance with EU law, as these are considered to be outside their jurisdiction. But there are several exceptions in which EU law serves as a yardstick for constitutional review. This article focuses on these exceptions from a comparative perspective. First, it describes the ‘state of the art’ by examining whether and to what extent constitutional courts already use EU law as a standard for their decisions and invalidate domestic legislation or courts’ decisions that conflict with EU law. Then, it explores the limits within which EU law can be invoked as a yardstick for constitutional review without jeopardizing the principle of primacy of EU law. Finally, it argues that constitutional courts should not be afraid to embrace EU law as a standard for review: Doing so would not only contribute to a better protection of fundamental rights and the rule of law in Europe, but would also further the interests of constitutional courts.
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Dissertations / Theses on the topic "Constitutional courts – Europe"

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Valiullina, Farida. "Dialogue of the Courts in Europe: Interactions between the European Court of Human Rights, the Court of Justice of the European Union and the Courts of the ECHR Member States." Doctoral thesis, Humboldt-Universität zu Berlin, 2017. http://dx.doi.org/10.18452/18609.

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Aufgrund des wachsenden Bedarfs an kohärenter Interaktion zwischen dem Europäischen Gerichtshof für Menschenrechte, dem Gerichtshof der Europäischen Union und den Gerichten der EMRK-Mitgliedstaaten, untersucht diese Arbeit die Problematik von Kompetenzkonflikten, die die Glaubwürdigkeit der europäischen und nationalen Gerichtshöfe untergraben und die Effektivität des gerichtlichen Rechtsschutzes in Europa schwächen, und schlägt die Lösungen vor, um Rechtsprechungskonflikte zwischen den Gerichtshöfen zu verringern. Es erfolgt eine Betrachtung der Fragen, wie Inkonsistenzen der gerichtlichen Rechtsprechung der europäischen und nationalen Gerichte vermieden werden können, wie der Beitritt der EU zur EMRK angegangen werden kann und wie das Piloturteilsverfahren des EGMR und nationalen gerichtlichen Überprüfungsverfahren wirksam funktionieren kann. Die Arbeit kommt zu dem Schluss, dass es für die Koordination der Zusammenarbeit zwischen den Gerichten wichtig ist, ihre Interaktionen zu verstärken, indem bewährte Verfahren auf allen Ebenen ausgetauscht werden. Um eine tiefere Integration der Staaten in die europäische und internationale Gemeinschaft zu erreichen und das Risiko von sich widersprechenden gerichtlichen Entscheidungen zu reduzieren, wird von den Mitgliedstaaten erwartet, dass sie ihre Verpflichtungen aus dem EU-Recht und der EMRK verlässlich erfüllen, und die europäischen Gerichtshöfe werden ihrerseits die Möglichkeit eines Eingriffs in die Souveränität der Staaten ausschlieβen lassen. Nur wenn einvernehmlich beschlossene Lösungen angenommen werden, wird eine größere Kohärenz in Rechtsprechung der europäischen und nationalen Gerichtshöfe erreicht und ein einheitliches System zum Schutz der Menschenrechte gewährleistet.
In light of the growing need to establish a coherent relationship between the European Court of Human Rights, the Court of Justice of the European Union and the courts of the ECHR member states, this study explores the challenges of jurisdictional competition that undermine the credibility of the courts and weaken the effectiveness of judicial protection of fundamental rights in Europe, and suggests ways to reduce emerging judicial tensions between these courts. It examines how to avoid inconsistencies in judicial practices of the European and national courts, how to approach accession of the EU to the ECHR, and how to ensure effective functioning of the pilot judgment mechanism and national judicial review procedures. It concludes that in order to coordinate cooperation between the courts it is important to strengthen their interactions through adhering to best practices at all levels. To pursue deeper integration of states into the European and international community and minimise the chance of rendering contradicting judgments by the courts, member states are expected to comply faithfully with their obligations under EU law and the ECHR, and the European courts shall exclude the possibility of encroachment on state sovereignty. Only if mutually agreed solutions are adopted will a greater consistency in their case law be achieved and a uniform system of protection of human rights ensured.
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Dürr, Schnutz Rudolf. "Individual Access to Constitutional Courts as an Effective Remedy against Human Rights Violations in Europe : The Contribution of the Venice Commission." 名古屋大学大学院法学研究科, 2014. http://hdl.handle.net/2237/20936.

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Sun, Mong Fay. "Introduction de la Justice constitutionnelle dans le Sud-Est asiatique : deux exemples d’adaptation du modèle européen : le Cambodge et la Thaïlande." Paris 10, 2008. http://www.theses.fr/2008PA100140.

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La justice constitutionnelle a pour objet d’assurer la suprématie de la Constitution sur les normes juridiques, selon une procédure de type juridictionnel. L’introduction d’un de ses modèles dans un autre milieu que celui où il est né donne lieu à deux significations, d’abord celle de son adoption puis celle de son adaptation. La première signification tient d’abord à différentes raisons avant de revêtir les formes les plus diverses mais conformes au paradigme d’origine, à savoir au modèle européen ou kelsénien : ce qui donne à voir les différentes règles transposées, qu’elles soient organiques et fonctionnelles ou matérielles et procédurales. Et si son adoption est conçue comme un phénomène important, seule l’activité réelle de ce modèle implanté reflète une orientation qui le caractérise dans un milieu différent de celui d’origine : le contentieux constitutionnel va traduire la seconde signification. Au fond, l’acclimatation ailleurs de cette formule ne va pas sans heurts avec les particularités culturelles, historiques
Judicial review is aimed at ensuring the supremacy of the Constitution on legal norms by means of a jurisdiction-type procedure. The process of introducing one of its patterns into an environment that is different from the one where it was born gives rise to two meanings. Firstly its being adopted, secondly its being adapted. The first meaning referred to primarily stems from various reasons and then it takes on the most diverse forms – and nevertheless are they true to the original, namely the European or Kelsenian pattern. That reveals the different rules which have been transposed, should they be organic and functional, or substantive and procedural ones. If the process of adopting one of those paradigms is seen as an important phenomenon, how crucial appears its adaptation because the effective activity of the implanted model only will hold a mirror up to a characteristic adjusting within an environment distinct from the original: constitutional litigation will convey the second meaning above-mentioned. Basically, bringing in such a formula elsewhere occasionally clashes with cultural and historical particularities
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Claes, Monica Liesbeth Hilde Katelijne. "The national courts' mandate in the European constitution." Proefschrift, [Maastricht : Maastricht : Universiteit Maastricht] ; University Library, Maastricht University [Host], 2004. http://arno.unimaas.nl/show.cgi?fid=6036.

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Savasan, Zerrin. "The Eu Constitutional Treaty And Human Rights." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607585/index.pdf.

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The thesis seeks to answer the question whether the European Union (EU) constitutional treaty offers improved protection for human rights in the EU jurisdiction. Within this context, it first seeks to find out what the incorporation of the Charter of Fundamental Rights in the constitutional treaty promises for the human rights&rsquo
field. Furthermore, it examines how the possible accession of the EU to the European Convention on Human Rights will affect this field. Then, it focuses on what the constitutional treaty offers for third countries concerning human rights. Finally, in the light of the recent developments on the treaty, the discussion enlightens the role of the constitutional treaty on protecting and developing human rights in the EU.
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Artemiou, Eleni. "La consolidation des standards constitutionnels européens par les juges constitutionnels nationaux." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3056.

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La thèse examine les influences horizontales entre les juges constitutionnels des États membres de l’Union européenne dans l’interprétation de la constitution. Si ces influences s’inscrivent parfois dans la ligne de la mise en œuvre des obligations supranationales communes, elles interprètent surtout l’existence de valeurs partagées entre les États que les juges constitutionnels sont appelés à protéger, voire l’existence d’une identité commune, d’un idéal de justice constitutionnelle qui s’articule autour de la protection de l’État de droit, et en particulier des droits fondamentaux. Ce sont en effet les principes attachés au constitutionnalisme moderne qui animent le plus les échanges entre les juges constitutionnels nationaux. Ce phénomène d’inspiration réciproque est intéressant car il demeure spontané, et souligne la volonté du juge de rejoindre un standard commun qui se consolide progressivement par des interprétations diverses, et traduit la reconnaissance d’une équivalence systémique dans la protection de l’État de droit. L’ordre juridique étranger inspire ainsi le juge national puisqu’il s’aligne au standard national du constitutionnalisme
Once attached exclusively to their national constitution, nowadays constitutional judges of the member states of the European Union in particular apply norms from different legal systems,. Their openness to foreign law, whether voluntary or not, creates a network of constitutional principles that are common to all national systems and eventually harmonise their interpretation. The European constitutional standards represent the mutual acceptance between two legal orders of their capacity to adequately respect the fundamental values of the constitution, especially fundamental rights, and the convergence of their implementation
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GALIMBERTI, MARCO. "From isolation to commonality? The interplay among national constitutional courts in the paradigm of European integration." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2020. http://hdl.handle.net/10281/264124.

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Come interagiscono tra di loro le corti costituzionali nazionali? Negli ultimi decenni, tale quesito ha ricevuto sempre maggiore attenzione da parte dello studio del diritto comparato su scala globale. Il medesimo interrogativo sembra acquistare ancor più rilevanza nell’ottica dell’integrazione europea. Come è noto, quest’ultima ha rappresentato un processo dialogico, nel quale gli ordinamenti giuridici nazionali interagiscono con l’ordinamento giuridico sovranazionale. In tale contesto, la dottrina si è focalizzata principalmente sui rapporti “verticali” che intercorrono tra corti nazionali e Corte di Giustizia dell’Unione europea (CGUE), con peculiare riguardo al coinvolgimento delle corti costituzionali nazionali nel rinvio pregiudiziale alla corte del Lussemburgo. Al contrario, molta meno attenzione sembra esser stata riservata alla dimensione “orizzontale”, ossia all’interazione tra le corti costituzionali nazionali stesse. Muovendosi in quest’ambito rimasto finora parzialmente inesplorato, la presente ricerca ha pertanto ad oggetto l’indagine dei rapporti orizzontali tra le corti costituzionali (e, in taluni ordinamenti, corti supreme) degli Stati membri dell’Unione europea (UE), all’interno del processo di integrazione europea. In tal senso, l’analisi si concentra sulla principale modalità di interconnessione sul piano orizzontale, identificabile nel ricorso – più o meno esplicito – all’argomento comparativo. L’elemento di novità che la tesi mira ad introdurre rispetto allo stato dell’arte consiste, in particolare, nell’esaminare la suddetta interazione orizzontale nel suo intreccio con un altro rapporto tra giurisdizioni, vale a dire la relazione tra corti costituzionali nazionali e la CGUE. Procedendo in via cronologica, lo studio si propone di verificare se, e in tal caso in quali termini, i rapporti orizzontali tra corti costituzionali nazionali ed il processo di integrazione europea si siano vicendevolmente influenzati. A questo proposito, tra le questioni sulle quali la ricerca pone l’accento vi è la possibilità di individuare tendenze condivise all’interno della giurisprudenza europea elaborata da parte dalle corti costituzionali di diversi Stati membri; l’eventuale incidenza del modello di giustizia costituzionale adottato dagli ordinamenti giuridici nazionali sul ricorso a strategie argomentative comuni; e, infine, il possibile collocamento dei rapporti orizzontali tra corti costituzionali all’interno del dibattito dottrinale in materia di costituzionalismo su scala regionale e globale. Al fine di affrontare questi interrogativi, la tesi si struttura in tre sezioni, precedute da un’introduzione diretta a definire il perimetro dell’indagine nonché a giustificare la selezione delle giurisdizioni nazionali e delle relative pronunce che formano oggetto di discussione nel corso della trattazione. Il capitolo di apertura passa in rassegna le reazioni dimostrate, nelle fasi iniziali dell’integrazione europea, da parte degli Stati membri e delle rispettive corti costituzionali nei confronti del principio del primato elaborato dalla giurisprudenza della CGUE, soffermandosi sulle dottrine dei contro-limiti elaborate dai giudici costituzionali italiani e tedeschi. Entrando nel merito delle successive fasi dell’integrazione, tra le quali, nello specifico, la ratifica dei Trattati di Maastricht e di Lisbona, il secondo capitolo si occupa della progressiva proliferazione delle dottrine dei contro-limiti nella giurisprudenza delle corti costituzionali di alcuni degli ordinamenti che hanno successivamente aderito all’UE. Il capitolo conclusivo dell’elaborato volge lo sguardo, infine, alla recente giurisprudenza di alcune corti costituzionali nazionali in relazione alla Carta dei diritti fondamentali dell’Unione europea, allo scopo di esplorarne le potenzialità quale strumento di interazione orizzontale.
The purpose of the research is to explore the horizontal interplay ongoing among national constitutional courts in the realm of the European integration process. In this regard, the analysis is mostly centred on the main avenue for horizontal interaction, that is the (either overt or implicit) recourse to judicial comparative reasoning. Accordingly, the element of novelty that the thesis aims to add to the state of the art is the intertwining of such horizontal interaction and another existing interplay, this latter being the relationship between national constitutional courts and the CJEU. Following a chronological timeline, the study seeks to investigate, thus, whether and to what extent the horizontal interplay among constitutional courts and the evolution of the European integration have influenced each other. Incidentally, the study sheds some light on further issues, such as the question of whether (and, if so, in which direction) this horizontality has witnessed a trend of substantive convergence in the constitutional courts’ case law; whether the model of constitutional justice adopted in the domestic legal systems may have any relevance in terms of such horizontal relationships; and, lastly, which role the horizontal interaction among national constitutional courts might play within the debate on European and global constitutionalism. In order to address the above issues, the study is divided into three chapters, which are preceded by an introduction clarifying what is the red thread that runs through the dissertation and justifies the selection of the national jurisdictions and their respective cases to be discussed. Taking the cue from the early steps of the European Communities, the opening chapter provides an overview of the six founding Member States’ constitutional reactions to the principle of primacy of Community law as fashioned by the CJEU. This comparative examination intends to highlight both similarities and divergences emerging in the attitude of highest national courts at the initial stages of European integration. In this context, a first fil rouge is recognized in the line of argument of fundamental rights protection, the major example being the analogy between the constitutional reservations arisen in the “counter-limits” doctrines of the German Bundesverfassungsgericht and of the Italian Corte costituzionale. The second chapter investigates, in a chronological order, the circulation of the counter-limits narrative in the following phases of European integration. After considering the case of Ireland, the analysis focuses on a set of national judgments relating to the ratification of the Maastricht and the Lisbon treaties. The comparison of these decisions will look at two new common argumentative strategies, such as the ultra vires review and the safeguard of national identity. Finally, cross-fertilization in the post-Lisbon scenario is taken into account to show the recent tendency of national constitutional courts to borrow the horizontal interplay. Last but not least, the third chapter delves into a contemporary phenomenon, that is the growing discovery of the potential of the Charter of Fundamental Rights of the European Union as a ground-breaking tool for horizontal interaction.
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Hönnige, Christoph. "Verfassungsgericht, Regierung und Opposition : die vergleichende Analyse eines Spannungsdreiecks /." Wiesbaden VS, Verl. für Sozialwiss, 2007. http://deposit.d-nb.de/cgi-bin/dokserv?id=2854761&prov=M&dok_var=1&dok_ext=htm.

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Carrick, Ross Dale. "Court of Justice of the European Union as a democratic forum." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7797.

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The purpose of this thesis is to examine the procedural democratic legitimacy of the Court of Justice of the European Union. The Court of Justice has been instrumental in the construction of the European Union. Through its interpretation of the Treaty of Rome since the 1960s, it has constituted a legal system distinctive in kind. In contrast to orthodox instances of the political community – international organisations and the nation-state – the EU exemplifies no general type. Its legal, constitutional, political, economic and social infrastructures are part of a complex and pervasive web of overlapping jurisdictions that goes some way beyond the ordinary international organisation (by virtue of constitutional principles such as direct effect and citizenship), but not quite as far as the nation-state (e.g. sovereignty contestation). This being the case, its interlocutors have long since understood that the EU is in a state of transformation – it is itself a project and a process, the end result of which (finalité) is unknown. As such, many questions have been asked about the legitimacy of this process; and, given the Court of Justice’s (in)famous generative role within this process, the Court also finds itself the subject of such scrutiny. The legitimacy of the Court of Justice has been the focus of attention from both academics and practitioners. Most of that attention has been on the Court’s jurisprudence and jurisdiction – scrutinising the legal reasoning of cases; or questioning the limits of its constitutional functions according to axiomatic conceptions of, for example, the separation of powers doctrine. By contrast, less attention has been paid to the democratic legitimacy of the Court of Justice, and much less in relation to the Court’s institutional design. The subject-matter of the analysis in this thesis is the Court’s structures and processes, such as: the composition and appointments processes for members of the Court; the mechanisms that give access to various kinds of participants (such as locus standi and third-party intervention); and the use of judicial chambers. Procedural democratic legitimacy, moreover, has two dimensions: intrinsic and instrumental. The intrinsic is a measure of the democratic credentials of the Court as a discrete decision-making authority (such as representativeness and democratic participation); whereas the instrumental is concerned with the ways in which the Court contributes to the overall democratic legitimacy of the EU. In this thesis, the structures and processes of the Court of Justice are examined in light of both of those criteria. In contrast to prevailing approaches of constitutional theorists – who tend to treat these criteria as functions that are quite discrete, and their performance as mutually exclusive – an important theoretical contribution of this thesis is to develop an analytical framework that allows for the inherent synergies and tensions that exist between intrinsic and instrumental criteria to be factored into analyses of the democratic legitimacy of constitutional courts.
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Scotford, Eloise A. K. "The role of environmental principles in the decisions of the European Union courts and New South Wales Land and Environment Court." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:23d02748-1197-4f33-a6c6-b98fdbf7c5d1.

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The thesis is a comparative legal analysis of environmental principles in environmental law. Environmental principles are novel concepts in environmental law and they have a high profile in environmental law scholarship. This high profile is promoted by two factors – the high hopes that environmental law scholars have for environmental principles, and the increasing prevalence of environmental principles in legal systems, particularly in case law. This thesis analyses the latter, mapping doctrinal developments involving environmental principles in two jurisdictions and court systems – the courts of the European Union and the New South Wales Land and Environment Court. This doctrinal mapping has both narrow and broad aims. Narrowly, it identifies the legal roles in fact taken on by environmental principles within legal systems. Broadly, and building on this assessment, it responds to scholarly hopes that environmental principles (can) perform a range of significant roles in environmental law, including solving both environmental problems and legal problems in environmental law scholarship. These hopes are based on assumptions about environmental principles that have methodological weaknesses, including that environmental principles are universal and that they fit pre-existing models of ‘legal principles’ drawn from other areas of legal scholarship. The thesis exposes these methodological problems and concludes that environmental principles are not panaceas for pressing and perceived problems in environmental law. It does this by showing that the legal roles of environmental principles, which are significant in environmental law and its current evolution, can only be understood by closely analysing the legal cultures in which they feature. This is a conclusion for environmental law scholarship generally – while environmental issues and problems may be urgent and often global, legal analysis of the law that applies to those problems requires close engagement with legal systems and cultures, as they are and as they develop.
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Books on the topic "Constitutional courts – Europe"

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Marcou, Jean. Justice constitutionnelle et systèmes politiques: Etats-Unis, Europe, France. Grenoble: Presses universitaires de Grenoble, 1997.

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Claes, Monica, Maartje De Visser, P. Popelier, and Catherine van de Heyning. Constitutional conversations in Europe: Actors, topics and procedures. Cambridge: Intersentia, 2012.

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Justice constitutionnelle et transition démocratique en Europe de l'Est. Clermont-Ferrand: Presses universitaires de la Faculté de droit de Clermont-Ferrand, 1998.

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Constitutional courts and democratic values: A European perspective. New Haven: Yale University Press, 2009.

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László, Sólyom. Constitutional judiciary in a new democracy: The Hungarian Constitutional Court. Ann Arbor, Mich: University of Michigan Press, 2000.

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Goldhaber, Michael D. A people's history of the European Court of Human Rights. New Brunswick, NJ: Rutgers University Press, 2005.

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A people's history of the European Court of Human Rights. New Brunswick, N.J: Rutgers University Press, 2007.

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1950-, Sadurski Wojciech, ed. Constitutional justice, east and west: Democratic legitimacy and constitutional courts in post-communist Europe in a comparative perspective. The Hague: Kluwer Law International, 2003.

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Sadurski, Wojciech. Constitutional courts in the process of articulating constitutional rights in the post-communist states of Central and Eastern Europe. San Domenico (FI), Italy: European University Institute, 2002.

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Sadurski, Wojciech. Constitutional courts in the process of articulating constitutional rights in the post-communist states of Central and Eastern Europe: Pt. 4 Restrictions on constitutional rights. San Domenico (FI), Italy: European University Institute, 2002.

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Book chapters on the topic "Constitutional courts – Europe"

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de Ghantuz Cubbe, Giovanni. "Populisms, Constitutions, Constitutional Courts, and Constitutional Democracy." In Populism and Contemporary Democracy in Europe, 43–63. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92884-1_3.

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Balaguer Callejón, Francisco. "Constitutional courts under pressure – New challenges to constitutional adjudication." In New Challenges to Constitutional Adjudication in Europe, 164–84. New York, NY : Routledge, 2018. | Series: Comparative constitutional change: Routledge, 2018. http://dx.doi.org/10.4324/9781315164632-11.

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Szente, Zoltán, and Fruzsina Gárdos-Orosz. "Constitutional courts under pressure – An assessment." In New Challenges to Constitutional Adjudication in Europe, 289–312. New York, NY : Routledge, 2018. | Series: Comparative constitutional change: Routledge, 2018. http://dx.doi.org/10.4324/9781315164632-17.

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Sadurski, Wojciech. "The Model of Constitutional Review in Central and Eastern Europe: An Overview." In Rights Before Courts, 3–44. Dordrecht: Springer Netherlands, 2014. http://dx.doi.org/10.1007/978-94-017-8935-6_1.

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Mezzetti, Luca. "Human Rights, Between Supreme Court, Constitutional Court and Supranational Courts: The Italian Experience." In The Convergence of the Fundamental Rights Protection in Europe, 29–69. Dordrecht: Springer Netherlands, 2016. http://dx.doi.org/10.1007/978-94-017-7465-9_3.

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Granata-Menghini, Simona. "Populism and Constitutional Courts: A Perspective from the Venice Commission." In Populism and Contemporary Democracy in Europe, 91–111. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92884-1_5.

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Sunnqvist, Martin. "The Changing Role of Nordic Courts." In Ius Gentium: Comparative Perspectives on Law and Justice, 167–83. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_10.

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AbstractThe Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home.
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Gamper, Anna. "An ‘Instrument of Government’ or ‘Instrument of Courts’?" In Populist Challenges to Constitutional Interpretation in Europe and Beyond, 43–61. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Comparative constitutional change: Routledge, 2021. http://dx.doi.org/10.4324/9781003148944-4.

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Ferreira, Paulo Marrecas. "An Experience of Reasonable Accommodation. The Portuguese Constitutional Court Ruling N. 544/2014, Dated 15th July." In Racial Justice, Policies and Courts' Legal Reasoning in Europe, 191–204. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-53580-7_10.

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Pellonpää, Matti. "Reflections on the Principle of Mutual Trust in EU Law and Judicial Dialogue in Europe." In International Actors and the Formation of Laws, 29–64. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98351-2_3.

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AbstractThe principle of mutual trust plays an important role in EU law, especially in the area of freedom, security and justice. In its Opinion 2/13 on the planned EU accession to the European Convention on Human Rights (ECHR), the Court of Justice of the European Union (CJEU) considered the draft agreement to be incompatible with EU law, in particular because it did not sufficiently take into account the principle of mutual trust. This chapter examines whether the ECHR is, as suggested by Opinion 2/13, in fact incompatible with EU law and whether this creates an insurmountable obstacle to accession. The chapter argues that the case-law of the two European Courts, rather than confirming such inherent incompatibility, demonstrates a constructive judicial dialogue between them. This is a dialogue in which, in addition to the two supranational Courts, national courts, such as the German Federal Constitutional Court, have given their contribution. While the true nature of the principle of mutual trust in EU law remains subject to debate, close scrutiny reveals it as more of a rebuttable presumption than a full-fledged legal principle. Ultimately, the European and domestic courts involved are shown to have engaged in a useful judicial dialogue that has influenced the shaping of the principle of mutual trust in a manner that can be regarded as satisfactory from the point of view of both the ECHR and the EU.
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Conference papers on the topic "Constitutional courts – Europe"

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Pleps, Jānis. "Konstitūcijas tiešas piemērojamības princips." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.31.

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The direct application of the Constitution is the very essence of the concept of the Constitution in the Western legal tradition. The Constitution is a real and enforceable legal act with the highest legal force, which is binding for everyone in the legal system. The principle of the direct application of the Constitution is reflected in the Central and Eastern Europe after the collapse of socialistic and Soviet regimes. Here, it was necessary to even formulate it as a written constitutional provision for ensuring of supremacy of the Constitution and rule of law. In case of Latvia, the direct application of the Constitution is self-evident and respected in the legal system. The Constitutional Court and the Supreme Court in few cases have formulated a strict obligation to ensure a direct application of the Constitution and especially the fundamental rights and freedoms.
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Rozenfelds, Jānis. "Īpašuma aizsardzība Satversmē." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.03.

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Constitution of Latvia of 1922 consisted of 88 articles. Chapter VIII of the Constitution addressing human rights’ protection became a part of the Constitution only in 1997. Article 105 provides that everyone has the right to own property. Article 105 of Constitution corresponds with the contents of the paragraph 1 of the First Protocol to the European Convention of Human Rights. Protection of the right to ownership as provided by the Constitution is carried out by the Constitutional Court of Latvia. The latter was established in 1996. The current report is based on the analysis of a significant number of judgements which have been handed down by the Constitutional Court in order to establish whether certain acts of legislation are compatible with the Constitution. The effectiveness of such protection could be achieved, if Constitutional court were to scrutinise each contested norm against the Constitution as a whole.
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Majić, Helena. "THE CROATIAN CONSTITUTIONAL COURT AND THE EU CHARTER OF FUNDAMENTAL RIGHTS: A LIMBO BETWEN THE CHARTER, THE ECHR AND NATIONAL CONSTITUTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18304.

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The Charter of Fundamental Rights of the European Union has been applied directly by the Croatian Constitutional Court since the decision No. U-I-1397/2015 (Act on Elections of the Representatives to the Croatian Parliament) rendered in 2015. Ever since it can be observed that the Charter has been consistently applied both in the proceedings of constitutional review in abstracto and in the proceedings initiated by a constitutional complaint (constitutional review in concreto), however, in a limited number of cases mostly concerning migrations or asylum.Therefore, this paper analyses the application of the Charter in the case law of the Croatian Constitutional Court and the method of interpretation pursued, with special reference to both its shortcomings and benefits. The paper also investigates the reasons for limited application of the Charter, even in those cases which would normally fall under the scope of application of EU law. The analysis indicates two distinct methodological approaches adopted by the Constitutional Court. The first one, where the Charter has been regarded as an interpretative tool only; and the second one, where the Charter has been found to be directly applicable vis-à-vis individual rights inferred from the EU law. The latter approach, first followed in an asylum case No. U-III-424/2019 (X. Y.), had raised new questions on interpretation of the Charter (with respect to the Croatian constitutional framework) in the cases where the Charter's applicability ratione materiae overlaps with the Croatian Constitution and the (European) Convention for the Protection of Human Rights and Fundamental Freedoms, which to the day, in contrast to the Charter, has been consistently followed and therefore legally internalised by the Croatian Constitutional Court. Therefore, the paper also elaborates a new methodological approach adopted by the Croatian Constitutional Court in finding a way out of „limbo“ between the Charter, the ECHR, and the Croatian Constitution.
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Kučs, Artūrs. "Satversmes atvērtība starptautiskajām cilvēktiesībām." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.01.

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This article explores the topic on interaction between fundamental rights protected in the Constitution of the Republic of Latvia (Satversme), international human rights and European Union law. The author reflects the evolution of the principle of openness in Satversme toward international human rights by analysing influence of international human rights law upon Latvia’s fundamental rights protection system through the course of history – in the interwar period, after the restoration of the independence and in adoption of fundamental rights chapter of Satversme. Further on, the author analyses the application of international human rights law and European Union law in the Constitutional Court’s jurisprudence and identifies controversial issues.
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Kamber, Krešimir, and Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.

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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Cicoria, Massimiliano. "Legal Subjectivity and Absolute Rights of Nature." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.06.

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The anthropocentric approach that characterizes all human knowledge has led to a distortion of the relationship with Nature and a view of it as a mere object of law. This approach, presumably originating with Socrates, had solid support in Plato, Aristotle, Ptolemy, and finally, in Catholic patristics, hinging on all disciplines starting from philosophy, psychology, economics, up to law. Dwelling on the latter, examples of legislation that qualify Nature as an object of law are, increasingly over time, the Forest Charter of 1217, the Italian Law No. 1766 of 1927 on civic uses, and furthermore – Art. 812 of the Italian Civil Code, and finally – the cd. Consolidated Environmental Law. This view is, however, changing in some states such as Bolivia, New Zealand, India, Ecuador, Uganda, – the states that through either legislative acts or rulings of supreme courts have begun the process of granting both to Mother Earth in general, and rivers in particular, the status of juridical persons which are endowed with series of very personal rights, which are recognized. This is not the case in Europe, where the relevant legislation continues to consider Nature (or, better, the Environment) as an object of law, therefore as a “thing” from which to draw, albeit within certain limits, utilities of all kinds. By analysing legal instruments potentially useful for a Copernican revolution on this point – in particular, the Kelsenian concept of “legal person”, the meaning of “company” and the European provisions on Artificial Intelligence – the first conclusion is reached: in a relationship that is not only theoretical, but also practical and utilitarian, it would be opportune to start considering, also through acknowledgments in constitutional sources, the Nature as a subject and no longer an object of rights. In this regard, following the general theories of people’s rights, it could be granted certain absolute rights, of which the right to water, restoration and biodiversity are examined in the current article. Hence, we come to the second conclusion, namely, the contrasts that, in Western law, such an approach could suffer, analysing in particular the problems of neo-naturalism and representation.
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Kucs, Arturs. "Blanket Bans in Case Law of the European Court of Human Rights and Constitutional Court of the Republic of Latvia." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.25.

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Irrespective of whether a human rights case is being decided in a national or international court, similar methodology is used when assessing whether a human rights restriction is justifiable. In some cases, however, the European Court of Human Rights and Constitutional Court of the Republic of Latvia use different approach for specific kind of human rights restriction – the blanket ban. This concept and applied methodology are still under the discussion regarding both courts. This article looks into concept of blanket ban, analyses influence of this concept to courts’ assessment, as well as reflects objections to the concept.
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Bocharova, N. N. "Priority of decisions of the Constitutional Court of the Russian Federation over decisions of the European human rights courts." In НАУКА РОССИИ: ЦЕЛИ И ЗАДАЧИ. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/sr-10-10-2018-30.

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Turanjanin, Veljko. "UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18305.

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The author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.
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Едреев, Тамерлан Шайх-Магомедович. "INFLUENCE OF DECISIONS OF THE EUROPEAN COURT ON HUMAN RIGHTS ON THE CONSTITUTIONAL LAW OF RUSSIA." In Научные исследования в современном мире. Теория и практика: сборник избранных статей Всероссийской (национальной) научно-практической конференции (Санкт-Петербург, Май 2021). Crossref, 2021. http://dx.doi.org/10.37539/nitp316.2021.22.90.011.

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В статье исследуются постановления Европейского суда по правам человека в качестве источника права в Российской Федерации, раскрывается значение судебной практики Европейского суда по правам человека в системе источников конституционного права России. The article examines the decisions of the European Court of Human Rights as a source of law in the Russian Federation, reveals the importance of the jurisprudence of the European Court of Human Rights in the system of sources of constitutional law in Russia.
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Reports on the topic "Constitutional courts – Europe"

1

Krasinsky, Vladislav. ON THE LEGAL POSITIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON RESTRICTIONS ON VOTING RIGHTS BECAUSE OF CRIMIAL RECORD. LJournal, 2017. http://dx.doi.org/10.18411/a-2018-028.

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