Journal articles on the topic 'Constitutional law – Europe, Eastern'
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1
Kulesza, Władysław. "Konstytucja z 17 marca 1921 r. na tle powojennych konstytucji republikańskich w Europie 1919–1922." Przegląd Konstytucyjny, no. 1 (2022) (June 2022): 25–67. http://dx.doi.org/10.4467/25442031pko.22.002.15728.
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The Constitution of 17 March 1921 against the background of the post-war republican constitutions in Europe 1919–1922 After Poland regained its independence in November 1918, the parliament, acting as a constitutional body, enacted the Constitution of the Republic of Poland on 17 May 1921. It is worth setting this event against a broader background. After the First World War, new constitutions were created in Eastern Europe, in particular in those states that had to build their political system from scratch, for example because they appeared on the map of Europe for the first time in history or were reinstated after a long break. These states, or more precisely their elites, had to draw on foreign ideas and achievements due to lack of their own experience. For the states that chose the republican system and disregarded the solutions contained in the constitutions of the United States and Switzerland, the Third Republic of France became a very important source of inspiration, thanks to the regulations contained in the three constitutional acts of 1875, as well as constitutional practice. Admittedly, from 1879 onwards, the constitutional practice increasingly diverged from the letter of the law set out in these three acts. Another source of inspiration for some of the new states in Eastern Europe was the constitution of the German Reich, adopted in 1919. In our part of Europe, if we exclude Estonia, Finland, and Austria – which made an effort to develop their own, sometimes unique, political solutions – it can be noted that the achievements of the Third Republic, in terms of the letter of law and political practice, became a decisive source of inspiration for Poland and Czechoslovakia, while the German Basic Law served as a model for Latvia (to a greater extent) and Lithuania (to a lesser extent). The choices made by the political elites of Poland and Czechoslovakia, however, differed in one fundamental aspect. Poland took as its point of departure the constitutional practice of the Third Republic, formed since 1879, while Czechoslovakia took the letter of the Constitutional Act of 1875. This substantially and differently moulded the form of the political system of each of these states, and subsequently its functioning in practice. Already in the interwar period, it became clear that the decisions taken in Warsaw to make the Sejm the highest organ in the state, modelled after the Chamber of Deputies in France, were less “correct” than the solutions adopted in Prague. In Czechoslovakia, the principle of the separation of powers was taken as the starting point. The principle of the balance of powers was then referred to and the roles of the legislative and executive branches were precisely defined so that this balance would really exist. In this way, the smooth operation of both powers was guaranteed, not only in their relations with each other, but also on a national scale. In Czechoslovakia, the architects of the constitution took into account the principle of the separation of powers alongside the principle of their balance, while in Poland the latter principle was absent, at first in the text of the constitution, and then in practice in the years 1922–1926.
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Rozhok, Lidia. "Globalization and standards of constitutional interpretation." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 164–68. http://dx.doi.org/10.36695/2219-5521.2.2020.28.
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The article examines the problems of constitutional interpretation through the prism of globalization and modern world modelsof constitutional interpretation. Emphasis is placed on the fact that the main trend in the implementation of constitutional interpretationin modern conditions is the use of the case law of the European Court of Human Rights and reference to the decisions of the constitutionalcourts of foreign countries. This is the result of globalization, the practice of modern constitutionalism and dialogue betweenjudges of constitutional courts in the world. Such a constitutional combination of practices is not only a tool for improving judicial decisions,but also for building a “global legal system”. The globalization of constitutional law means that constitutionalism is no longerthe privilege of the nation-state, but a world concept and standard. The use of international law in the constitutional interpretation isjust one example of the migration of constitutional ideas through legal systems, which also includes the use of foreign constitutions asmodels in the process of adopting a constitution.It is concluded that Ukraine, like the countries of Eastern and Central Europe, has no choice but to adopt liberal-democratic constitutions.These are common constitutional values and constitutional rapprochement. Therefore, the constitutional interpretationthrough a comparative reference to international (and foreign) law and soft law acts of the Council of Europe is part of the modernimplementation of the concept of international law, the concept of friendly attitude to international law and the migration of constitutionalideas.
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Havelková, Barbara. "The struggle for social constructivism in postsocialist Central and Eastern Europe." International Journal of Constitutional Law 18, no. 2 (July 2020): 434–40. http://dx.doi.org/10.1093/icon/moaa048.
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Abstract This paper argues that some of the difficulties faced by gender equality in postsocialist Central and Eastern Europe (CEE) can be explained by a missing paradigmatic shift to a constructivist understanding of gender. Arguably the most explicit rejection of a constructivist gender perspective was recently served by the Bulgarian Constitutional Court’s judgment, closely analyzed in the paper, which found certain provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) incompatible with the Bulgarian Constitution. A constructivist analysis of gender-based violence is capable of offering a range of important contextual insights into gender-based violence, whereas those who only have biology in their analytical arsenal are more limited (for example, sexual predation is thus either an “innate” male sexual drive or a psychologically certifiable deviance). The Bulgarian Constitutional Court, as the paper shows, does not even get as far as debating the insights gender analysis offers, but rather rejects them wholesale merely because the term “gender” is used. While a constructivist, critical (feminist) understanding of gender is under attack globally, this paper shows that the assault is particularly grave in at least certain postsocialist CEE countries, where it is not a mere backlash against a reasonably well-established viewpoint, but a fierce ex ante rejection of a concept not yet understood or debated.
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Fowkes, James, and Michaela Hailbronner. "Decolonizing Eastern Europe: A global perspective on 1989 and the world it made." International Journal of Constitutional Law 17, no. 2 (April 2019): 497–509. http://dx.doi.org/10.1093/icon/moz040.
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Abstract The end of the Cold War can be usefully understood as a moment of decolonization, and the post-1989 experience, for many states, as a postcolonial one. But we do not usually think in these terms when it comes to Eastern Europe, even though it has faced similar challenges to countries further South. Among those challenges has been the search for a new national and constitutional identity—a task complicated by a colonized past, yielding not a few identity-builders to resort to what we call constitutional kitsch. But we wonder whether Eastern Europeans have been afforded less space to build their own post-1989 identities, compared to places further South. And we wonder if this has to do with our greater sensitivity to this postcolonial need in places where we find such terms more natural, while Eastern Europe may have been too close to Europe for that need to be taken as seriously.
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Belavusau, Uladzislau. "Hate Speech and Constitutional Democracy in Eastern Europe: Transitional and Militant? (Czech Republic, Hungary and Poland)." Israel Law Review 47, no. 1 (February 11, 2014): 27–61. http://dx.doi.org/10.1017/s0021223713000241.
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This article departs from the normative assumptions about the status of militant democracy in transitional countries, while drawing on the constitutional appraisal of free speech and non-discrimination in Central and Eastern Europe during the period 1990–2012. It explores two models (‘American’ and ‘European’) of legal engagement with hate speech, targeting this recurrent constitutional theme to trace the militant in the transitional discourse on freedom of expression. The study scrutinises the legislative framework and the adjudication of the higher courts (constitutional, supreme and appellate courts) in three selected countries of Central and Eastern Europe – the Czech Republic, Hungary and Poland – in an effort to address the dearth of literature in the English language on hate speech laws and policies in these jurisdictions. The author concludes that the discourse on transitional democracy in this post-communist constitutionalism has been substantially constructed as a form of militant democracy, despite some visible influence of the American free speech narrative.
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Maslov, Kirill V. "Axiological approach in financial law (review of the conference "Axiology in the financial law of Central and Eastern Europe", Grodno, September 19-20, 2019)." Law Enforcement Review 3, no. 4 (January 16, 2020): 114–19. http://dx.doi.org/10.24147/2542-1514.2019.3(4).114-119.
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The report on the speeches of the participants of the scientific conference "Axiology in the financial law of Central and Eastern Europe" is presented in the article. The conference was organized by Yanka Kupala State University of Grodno and Center for Public Finance of Central and Eastern Europe and took place in Grodno on September, 19-20, 2019. The most relevant topics were: the essence of legal values, constitutional basis of financial law, axiological approach to budgetary system, fiscal federalism, taxation of cross-border trans-actions, tax security.
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Szabó, Zsolt, and Herbert Küpper. "Legislation and Legislative Process in Eastern Europe." International Journal of Parliamentary Studies 1, no. 1 (April 26, 2021): 73–108. http://dx.doi.org/10.1163/26668912-bja10008.
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Abstract The study describes and systemises the constitutional requirements on legislation in Eastern Europe. The comparison reveals that the basic structures of the legislative process live up to the standards of the rule of law. The details, however, are quite frequently deficient or problematic. Laws requiring a qualified majority often cause structural problems, based on poor political culture, and the vague and contradictory regulatory framework. Other problems are a legacy of socialism, e.g. the instrumental perception of the law, or the immature separation of powers. However, the apparent homogeneity of the region and its structural problems that was typical of the socialist era, has given way to a stronger differentiation which often reflects differences that existed prior to the socialist dictatorship. This stronger differentiation concerns, i.a. the extent of executive law-making, the structure of parliament (mono- or bicameral), the majority requirement for the decisions in parliament, and the participation of the people in legislation. In the states that have joined the EU, the European criteria of the rule of law have had their effect, whereas the candidate states on the Wester Balkans are on the way of consolidating their legislative system. Further to the East, the rule of law becomes weaker and weaker.
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Evans, Anthony J. "Constitutional moments in Eastern Europe and subjectivist political economy." Constitutional Political Economy 20, no. 2 (August 22, 2008): 118–38. http://dx.doi.org/10.1007/s10602-008-9053-5.
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Czarnota, Adam. "Constitutional Correction as a Third Democratic Revolutionary Moment in Central Eastern Europe." Hague Journal on the Rule of Law 11, no. 2-3 (November 2019): 397–406. http://dx.doi.org/10.1007/s40803-019-00112-3.
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Medushevskiy, Andrey. "Global Constitutionalism and Legal Fragmentation: The Populist Backslide in Central and Eastern Europe." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 393. http://dx.doi.org/10.17951/sil.2021.30.4.393-440.
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<p>Globalisation has provoked a deep transformation in international law, political affairs and governance with contradictory consequences. It has stimulated the cosmopolitan project of global constitutionalism, transnational integration and the unification of democratic standards. However, it also resulted in the fragmentation of international affairs, the deterioration of constitutional democracy and a feeling of a growing shortage in democracy on national and international levels of governance. Trying to balance the impact of these two opposing trends, the author analyses the positive and negative effects of globalisation on constitutional development regarding such issues as transnational constitutionalisation, democracy and national sovereignty, the changing place of multilayer constitutionalism, the international separation of powers, and the system of global governance in the establishment of transnational constitutional democratic legitimacy. From this point of view, the populist backslide in Central and Eastern Europe (CEE) looks dangerous and unforeseen, but it is a systemic and potentially predictable reaction of global regions on the uneven character of integration, the lack of democratic legitimacy and a new answer to the contortions and dysfunctions of global governance. An adequate response to these challenges could be found in a new concept of constitutional integration based on ongoing dialogue between the transnational and national actors of legal globalisation. This dialogue is possible by using a conflict-mediation strategy, elaborated by international experts, especially, for the deliberation of complex and protracted conflicts, which have no clear practical solutions in the short to medium term.</p>
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Letnar Černič, Jernej, and Polonca Kovač. "Responding to the Conflict of Interest Risks in Central and Eastern Europe: Case of Slovenia." Hrvatska i komparativna javna uprava 22, no. 4 (December 30, 2022): 575–604. http://dx.doi.org/10.31297/hkju.22.4.7.
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Prohibition of conflict of interest prevents abuses of the rule of law in modern constitutional democracies. As a result, is ensures that persons working in state institutions do not use their posts and functions for private gain. The experience from Central and Eastern Europe (CEE) illustrates that state authorities have in the past faced challenges in how to internalise the prohibition of conflict of interest. Literature from CEE on the prohibition of conflict of interest has been scarse. Consequently, this paper aims to address this gap by examining the experience of the Slovenian state in coping with the risks arising from conflict of interest. It discusses and analyses on one hand theoretical and normative underpinnings of the prohibition of conflict of interest in the Slovenian, European and international frameworks. On the other hand, it examines the recent practice of administrative and judicial bodies concerning the prohibition of conflict of interest. It finds that normative frameworks in the Slovenian constitutional framework have been reformed in recent years. Nonetheless, there is still a risk of potential and actual conflict of interest for the implementation of the rule of law in state institutions. The normative prohibition appears not to have been fully internalised in the practice of state institutions. As a result, the authors submit that state institutions should not turn a blind eye to the risk of conflict of interest in order to show willingness to strengthen the rule of law in the Slovenian constitutional democracy. The Slovenian normative and empirical experience shows lessons that can be taken up in the constitutional democracies of Central and Eastern Europe experiencing similar challenges.
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Dimitrijević, Nenad. "Ethno-Nationalized States of Eastern Europe: Is There a Constitutional Alternative?" Studies in East European Thought 54, no. 4 (December 2002): 245–69. http://dx.doi.org/10.1023/a:1019704812057.
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Dannemann, Gerhard. "Constitutional Complaints: The European Perspective." International and Comparative Law Quarterly 43, no. 1 (January 1994): 142–53. http://dx.doi.org/10.1093/iclqaj/43.1.142.
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Until recently the judicial remedy of a constitutional complaint existed in very few European countries, but has now been introduced in a number of Central and Eastern European States. An increased awareness of human rights questions resulting from the abuse of State power by former regimes, combined with the room to manoeuvre provided by the radical change in the political and constitutional system, has led to the introduction or expansion of existing legal mechanisms for the protection of constitutional rights and freedoms in these countries. The following remarks are intended to give an overview of the main procedural questions relating to the nature and functioning of constitutional complaints, and to examine the extent to which Western European experience might be used in the development of constitutional complaint mechanisms in Central and Eastern Europe
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Havelková, Barbara. "Resistance to Anti-Discrimination Law in Central and Eastern Europe–a Post-Communist Legacy?" German Law Journal 17, no. 4 (August 2016): 627–56. http://dx.doi.org/10.1017/s2071832200021386.
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AbstractPost-communist Central and Eastern European ('CEE') legislators and judges have been resistant to equality and antidiscrimination law. This Article argues that these negative attitudes can be explained in part by the specific trajectory that EAL has taken in CEE during and after state socialism, which has differed from Western Europe. In the UK/EU, the formal guarantees of equal treatment and prohibitions of discrimination of the 1960s and 1970s were complemented by a more substantive understanding of equality in the 1990s and 2000s. This development was reversed in CEE—substantive equality, of a certain kind, preceded rather than followed formal equality and antidiscrimination guarantees.The State Socialist concern with equality was real, and yet the project was incomplete in several significant ways. It saw only socio-economic, but not socio-cultural inequalities (relating to dignity, identity or diversity). It was transformative with regards to class, but not other discrimination grounds, especially not gender. While equality was a constitutionally enshrined principle, there was an absence of any corresponding enforceable antidiscrimination right. Finally, the emphasis on the “natural” differences between the sexes meant that sex/gender discrimination was not recognized as conflicting with women's constitutional equality guarantees.
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Pogány, István. "The Crisis of Democracy in East Central Europe: The New Constitutionalism in Hungary." European Public Law 19, Issue 2 (June 1, 2013): 341–67. http://dx.doi.org/10.54648/euro2013021.
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'Above all, being a democrat means not being afraid; not being afraid of people with different opinions, different mother tongues, or people from different races…not being afraid of all those imaginary fears which are only made real by our fear of them.' István Bibó, The Misery of the Small States of Eastern Europe (1946) Drawing on the work of the twentieth century Hungarian political scientist, István Bibó, this article offers a critical examination of Hungary's new Constitution, or Fundamental Law, which entered into force in January 2012. Hungary's Fundamental Law and various associated legal texts have been heavily criticized by the European Union (EU) Parliament, the Organization for Security and Cooperation in Europe (OSCE), the Council of Europe's Venice Commission, the US State Department, major human rights NGOs and foreign as well as Hungarian scholars. This article argues that the constitutional regime that operated in Hungary from the end of communist rule until January 2012 represented a broadly satisfactory framework for the consolidation of liberal democracy, the rule of law and the protection of human and minority rights. By contrast, the Fundamental Law, related legal instruments and various policies of the present government have diluted or threatened essential democratic freedoms and have resulted in the removal of many of the checks and balances that previously operated within the Hungarian constitutional system. These regressive measures suggest that elements of what István Bibó described as the 'deformed' political culture of pre-World War II Hungary have reasserted themselves.
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Pogany, Istvan. "Constitutional Reform in Central and Eastern Europe: Hungary's Transition to Democracy." International and Comparative Law Quarterly 42, no. 2 (April 1993): 332–55. http://dx.doi.org/10.1093/iclqaj/42.2.332.
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Ploszka, Adam. "Shrinking Space for Civil Society: A Case Study of Poland." European Public Law 26, Issue 4 (December 1, 2020): 941–60. http://dx.doi.org/10.54648/euro2020072.
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This article discusses the phenomenon of shrinking space for civil society organizations in Poland, a Member States of the European Union and Council of Europe. It describes the tools used by Polish public authorities to restrict the operational capacity of civil society and compares these tools with the applicable constitutional and human rights standards. The article’s summary presents recommendations concerning the methods of addressing this phenomenon in Poland, which are capable of being applied in a broader context of other countries of Central and Eastern Europe. human rights, ECHR, shrinking space, civil society
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Bugaric, Bojan. "Populism, liberal democracy, and the rule of law in Central and Eastern Europe." Communist and Post-Communist Studies 41, no. 2 (April 21, 2008): 191–203. http://dx.doi.org/10.1016/j.postcomstud.2008.03.006.
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Populism is on the rise in Central and Eastern Europe (CEE). Persistent attacks on legal institutions of liberal democracy represent the most troubling aspect of the rising populism in CEE. The democracies in CEE are not about to collapse because of the rise of populism, yet the populist challenge to liberal democracy has to be taken seriously. While there has been significant progress in the development of ‘electoral democracy’ in the region, constitutional liberalism and the rule of law still remain weak. Only strong, independent, and professional legal institutions and respect for the rule of law can bring further consolidation of democracy in the region.
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Kovalchuk, Vitaliy, Iryna Sofinska, Taras Harasymiv, Ivan Terlyuk, and Maiia Pyvovar. "Parliamentary opposition and democratic transformation issues: Centraland Eastern Europe in focus." Cuestiones Políticas 40, no. 75 (December 29, 2022): 855–67. http://dx.doi.org/10.46398/cuestpol.4075.51.
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The article presents a framework for comparing the policy-making rights of the parliamentary opposition in the parliamentary democracies of Central and Eastern Europe (Czech Republic, Hungary, Lithuania, Poland and Ukraine). The right of the parliamentary opposition to oppose the government formed by the ruling majority is a fundamental feature of liberal democracy. The application of constitutional values (democracy and rule of law) in Central and Eastern European states demonstrates the actual level of fragmentation, polarization and cartelization of the opposition. The Rule of Law Index 2021 explicitly shows that, among the Central and Eastern European countries surveyed, Lithuania ranks 18th, the Czech Republic 22nd, Poland 36th, Hungary 69th and Ukraine 74th. The Rule of Law Index refers to limitations of government powers, absence of corruption, open government and other issues related to the mission of the parliamentary opposition. It is concluded that, the distance (not only ideological) between the ruling majority and the parliamentary opposition is based on the ability to form government, participation in policy making, scrutiny of strategy and (populist) government policy.
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Sadurski, Wojciech. "Constitutional democracy in the time of elected authoritarians." International Journal of Constitutional Law 18, no. 2 (July 2020): 324–33. http://dx.doi.org/10.1093/icon/moaa038.
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Abstract In this paper, colored as it is by my knowledge and experience of democratic backsliding in Central and Eastern Europe (CEE), I reflect upon the rise of autocracies characterized by electoral pedigree and consider some consequences of these developments. I focus in particular upon its relative invisibility, which is due, among other things, to the fact that autocratic changes proceed incrementally, that their truly invidious effects are triggered by mutual interactions between various discrete changes, that institutions are not formally dismantled but hollowed out of their original meanings, and that assaults upon various pillars of democracy do not proceed at the same pace. To conclude, I draw two lessons from the authoritarian turn in CEE: the first concerns the relative insignificance of formal constitutional design, and the second considers the end of the “transition paradigm.”
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Bharti, Mukesh Shankar. "The Government and Politics of Poland in the Light of the Constitutional Perspective since 1989." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 439–52. http://dx.doi.org/10.15804/ppk.2022.06.32.
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The article analyses the characteristics of the Polish constitution and government since 1989. This study empirically discusses the dynamics of the constitutional framework and Polish political system in the light of the outcomes of the parliamentary elections and the formation of the government in the Republic of Poland. The article describes Samuel P Huntington‘ s theoretical-speculative theory as the primary level of political development in Poland. According to Samuel P Huntington, between 1989 and 1990, several countries from Central, Eastern and Southern Europe moved from totalitarian rule to the democratic forms of government. The constitution was formulated according to the rule of the law and is based on democratic norms. This democratic revolution is probably the most important political trend and Poland was also affected by this wave of democratisation in 1989. The main purpose of this study is to describe the political transformation which is resulted in the democratic government. How does Poland establish the rule of law and a sustainable popular government that follows constitutional norms? The result of this article is that the political parties, creating the opposition in parliament, must propose a new strategy of behaviour in such circumstances, in particular by tackling the compromise of a democratic system on the basis of the Constitution of 1997, e.g. distribution of powers, elections, party politics, the position of the Constitutional Court and functioning of the judiciary in the country.
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Grewe, Constance. "The Relationship between the EU and Member States in Constitutional Case Law: A Comparison between Western and Eastern Europe." Cambridge Yearbook of European Legal Studies 10 (2008): 189–98. http://dx.doi.org/10.1017/s1528887000001300.
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It is indeed a crucial moment now that Central and Eastern European (CEE) countries have begun to join the EU. The Maastricht Treaty was itself, in several respects, a turning point in European construction; Member States then became aware of the increasing influence of EU law and started to defend their autonomy against the ‘attacks’ stemming from it. With the accession of the CEE states, the ‘Solange story: a story about national constitutional courts resisting a straightforward surrender of national legal sovereignties, and insisting on their own role as guardians of any further transfer of powers from the national to the European level’, can now enter into ‘its chapter 3’. National or constitutional identity is the main arm of resistance, and these national reactions require a rethinking of the relationship between national and European law.
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Czarnota, A. "Rights before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe." International Journal of Constitutional Law 5, no. 3 (June 13, 2007): 568–71. http://dx.doi.org/10.1093/icon/mom020.
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Bugarič, Bojan. "Central Europe’s descent into autocracy: A constitutional analysis of authoritarian populism." International Journal of Constitutional Law 17, no. 2 (April 2019): 597–616. http://dx.doi.org/10.1093/icon/moz032.
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Abstract The article offers an analysis of the particular type of populism that has evolved in Eastern and Central Europe, most notably in Hungary and Poland. The new populism in ECE differs from other populisms because it combines the elements of populism, ethnonationalism, and authoritarianism. Adhering to a similar script, which consists of sustained attacks on rule of law institutions, civil rights and freedoms, the media, and electoral rules, both populist governments in a relatively short period of time dismantled almost all the key cornerstones of democracy in Hungary and Poland. The current surge of populism in ECE demonstrates that constitutional democracy is in great danger when its core principles no longer enjoy wide democratic support. Paradoxically, constitutional democracy can play its “counter-majoritarian” role only when a majority of the people believe that it is the only game in town. Ultimately, democratic political parties and social movements with credible political ideas and programs offer the best hope for the survival of constitutional democracy. The role of law and constitutional checks and balances is less of an essential bulwark against democratic backsliding than is traditionally presumed in the legal literature.
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Yakymovych, Ya V. "ANTHROPOCENTRISM IN STATE GOVERNMENT: A CONSTITUTIONAL OVERVIEW OF EMPIRICAL FACTS OF STATE GOVERNMENT IN CENTRAL AND EASTERN EUROPE (FRANCE, CZECH REPUBLIC AND POLAND)." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 28–33. http://dx.doi.org/10.15421/391951.
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The development of modern democratic states and their understanding in its focus is increasingly shifting from the plane of events to the subjects of events. This leads to a dependence of state-building events on various anthropocentric factors: knowledge, skills, experience or interests. Such elements influence and determine the directions of development of the whole state organization and its functioning. The constitutional basis for the application of the human factor itself, the legal basis for the exercise of the discretion of civil servants in the exercise of their functions and powers is the important question in context of this research. This article uses two areas of review to address these issues. On the one hand, it is an analysis of the empirical facts of the application of anthropocentric factor in the states-making processes of the countries of Central and Eastern Europe (France, Czech Republic and Poland) on the basis of such criteria as experience, decisions, veto rights, speeches (reports and appeals), personal voting, as well as personality and activity criteria. On the other hand, it is a study of the connection between these empirical facts and constitutional norms that make the realization of the knowledge, skills and experience of a person possible at the legal level of basic law. The complex approach of the research with its result will allow to distinguish the norms that are anthropocentric in their nature, that is, they provide a certain element of freedom of human potential in the exercise of function and powers in state-making processes. This approach also allows to expand the facets of modern constitutionalism. Combining the achievements of the various sciences and using them in constitutional law, the latter acquires a new tool for improving the legal technique of constitutional norms, content and quality component. The anthropocentric approach in constitutional law contributes to addressing legislative gaps on the deeper foundations of constitutional capacity, creates the ground for new ways of regulating certain public-power relations in the future, and also meets the requirements of modern society and the tendencies of the element of the human factor.
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Landovsky, Ya E. "Approval of the Constitution of Czechoslovakia in 1920 and the evolution of the constitutional and legal status of Podkarpatska Rus as part of the republic." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 61–64. http://dx.doi.org/10.24144/2307-3322.2021.63.11.
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The article considers the constitutional and legal status of Subcarpathian Russia under the Constitution of the Czechoslovak Republic of February 29, 1920. Special attention is paid to the legal regulation of the highest state authorities of Czechoslovakia, as well as the position of national minorities in the country. Certainly, the First World War destroyed the political system and borders in Europe, which led to the creation of independent states, including Czechoslovakia. The newly created state faced a number of important tasks. The issues of state building, political system and establishing harmonious interethnic interaction between citizens were of paramount importance. Stabilization of the internal situation and success in the international arena were ensured by the adoption of a basic law - the constitution. After all, the constitution is the highest law of the country, which regulates the most important political and legal relations in it, establishes the basic provisions of law and order.
It was established that the problem of Subcarpathian Russia was properly and in detail covered in the Constitution, although the terms of the Small Saint-Germain Peace Treaty on the "territory of the South Carpathian Ruthenians" did not require it. Nevertheless, both Czechoslovak specialists in state and legal issues and politicians of the republic considered it not only necessary but also necessary, primarily for state reasons, to fix the problem of the eastern province of the republic, Subcarpathian Russia, in the Constitution. Such a fixation, they believed, would demonstrate the sovereign right of the Czechoslovak Republic to the territory of Subcarpathian Russia, the constitutional legality of the region's membership in the Czechoslovak state. Demonstration of this right only by a separate law on the autonomy of Subcarpathian Russia would be insufficient, it would even feel some temporary solution to the problem.
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Banaszak, Boguslaw, and Michal Bernaczyk. "Open Government in Poland: The Current Situation and Its Perspectives." European Public Law 17, Issue 2 (June 1, 2011): 261–75. http://dx.doi.org/10.54648/euro2011019.
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Article presents the evolution of the concept of open government in Poland and implementation of new technologies in law-making processes. The emergence of civic society in Middle and Eastern Europe has brought along a profound interest in the concept of 'open government'. The Polish concept of civic participation in law-making process is based on an electronic access to information held by the government. The Polish law imposes on public entities a duty of creating their own electronic mandatory data bases as a part of national system of public information. This technology has been most distinctively combined with the constitutional freedom of information and lobbying in the law-making process enabling indirect civic participation in deciding on the matters significant for the state.
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CURT, Cynthia Carmen. ""Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court"." Transylvanian Review of Administrative Sciences, no. 65E (February 25, 2022): 48–63. http://dx.doi.org/10.24193/tras.65e.3.
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"During 2017-2019 Romania faced a controversial justice laws’ ‘reform’, undermining the rule of law and independence of justice principles, challenging the commitments established under Commission Decision 2006/928/EC in the areas of judicial reform and the fight against corruption. In the context of democratic backsliding in Central and Eastern Europe, Romanian evolutions could be seen as following a regional pattern. The study proposes a critical analysis of the most important legislative evolutions in the area of justice and fight against corruption in the region, as reflected by the Cooperation and Verification Mechanism for Romania (CVM) and Rule of Law Reports, European Court of Justice and European Court of Human Rights judgements. The analysis focuses on some controversial decisions of the Constitutional Court, concerning justice laws ‘reform’ and the application of primacy of EU law principle. The study expresses a strong concern related to Romanian Constitutional Court’s tendencies to walk along the authoritarian path of politically captured courts of Poland and Hungary. The conclusions reveal the requirement for new political instruments of EU supranational intervention to safeguard democratic EU core values."
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Pūraitė-Andrikienė, Dovilė. "The Separate Opinions of a Justice of a Constitutional Court: A Case of Lithuania." Laws 12, no. 1 (January 18, 2023): 11. http://dx.doi.org/10.3390/laws12010011.
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Although allowing justices of constitutional courts to publish their separate opinions has become a clear trend in Europe, until an amendment to the Law on the Constitutional Court in 2008, the justices of the Constitutional Court of the Republic of Lithuania did not have this possibility. However, after the introduction of this institution in Lithuania, criticism was voiced by the public regarding its legal regulation. Therefore, this article examines the legal regulation governing the institution of a separate opinion of a justice of the Constitutional Court, as well as the use of this institution in Lithuania. The article seeks to reveal the shortcomings of this regulation, as well as to provide proposals for its improvement. The issues in question are examined in the context of the legal framework governing the institution of a separate opinion in other European Union countries (with a particular focus on Eastern and Central European countries). In order to provide a basis for this research, the article also examines the institution of a separate opinion in the context of the principle of the secrecy of the deliberation room and the secrecy of voting results in the decision-making process of constitutional justice institutions.
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Kowalski, Patryk, and Monika Bogucka-Felczak. "Financial sovereignty of autonomous territories in 20th century Central and Eastern Europe." Historia Constitucional, no. 23 (September 14, 2022): 294–323. http://dx.doi.org/10.17811/hc.v0i23.747.
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This article presents the results of comparative legal research concerning the scope of financial sovereignty granted to the autonomous territories of the 20th century Central and Eastern Europe (Silesian Voivodeship, Slovakia and Carpathian Ruthenia) by the Second Polish Republic (1918-1939), the First Czechoslovak Republic (1918-1938) and the Second Czecho-Slovak Republic (1938-1939). Research material includes: constitutional and public financial legal acts of the aforementioned countries for years 1918-1939, as well as English, Polish, Czech, Slovak and Ukrainian scientific publications in the field of legal, historical and economic sciences pertaining to this matter. The main research result is that the scope of financial power granted to the Silesian Voivodeship by the Second Polish Republic was much wider than in the other two autonomous territories. Moreover, Slovakia and Carpathian Ruthenia can be described as apparent autonomies. In fact they were “quasi self-government units”. Fecha de envío / Submission date: 28/04/2021Fecha de aceptación / Acceptance date: 18/06/2021
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Magen, Stefan. "Naturalizations Obtained by Fraud – Can They be Revoked? The German Federal Constitutional Court's Judgment of 24 May 2006." German Law Journal 7, no. 8 (August 1, 2006): 681–704. http://dx.doi.org/10.1017/s2071832200005010.
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Like many of the provisions of the German Grundgesetz (Basic Law – GG) the constitutional protection of German citizenship enshrined in Article 16.1 GG is a reaction to the atrocities committed by Nazi-Germany. From early on, the Nazis had abused nationality law not only as a sanctioning device to discipline Germans living abroad but also to ostracize unwanted citizens and confiscate their property, i.e., as a means of large scale political and racial discrimination. This inhuman denaturalization practice culminated in the 11. Verordnung zum Reichsbürgergesetz (11th ordinance of 25 November 1941, issued by virtue of the Reich's Citizenship Law), which stripped Jewish citizens living abroad of their German nationality, aiming inter alia at Jews deported to concentration camps in Eastern Europe. To prevent any kind of political abuse of denaturalization measures in the future, Article 16.1 sent. 1 GG guarantees that no German may be deprived of his nationality. There is a long-standing debate about the precise meaning of this strict ban on any “deprivation” of nationality, because at the same time Article 16.1 sent. 2 GG allows for the loss of German nationality against the will of the person affected if this loss has a statutory basis and the person does not become stateless as a result. Thus, it is unclear whether the constitution permits a revocation of German citizenship, and if so under what conditions. Further, this debate broaches the questions of whether there are, in fact, exceptions to the constitutional protection against statelessness, e.g., in cases of fraud.
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Tacik, Przemysław. "A New Popular Front, or, on the Role of Critical Jurisprudence under Neo-Authoritarianism in Central-Eastern Europe." Acta Universitatis Lodziensis. Folia Iuridica 89 (December 31, 2019): 31–44. http://dx.doi.org/10.18778/0208-6069.89.03.
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The current decade brought a neo-authoritarian wave to the countries in CEE. This process, which in certain respects runs parallel to the populist upsurge in Western countries, has its own specificity. Firstly, by focusing on the clash between “elites” and “the people”, it rekindles – in a displaced, right-wing form – the class conflict which before 1989 was an ideological staple in CEE countries. Secondly, insofar as neo-authoritarianism in CEE has often a distinctly neo-liberal agenda shadowed by declarative anti-globalism and national chauvinism, it warps the field of political struggle. Thirdly, in the neo-authoritarian turn law becomes the crucial field of ideological fight, principally in those countries where populists came to power. In this respect, new governments in CEE resort to a blend of old Fascist tools (such as dismantling of constitutional control and denying the primacy of international law) and new inventions (such as the effective state of exception in some areas of law in Poland introduced in 2015–18). The role of critical jurisprudence in CEE is therefore particularly significant and difficult. The paper argues that liberal jurisprudence, although actively engaged in analysing neo-authoritarianism, does not possess adequate conceptual tools for full success. Therefore critical jurisprudence should urgently take part in explaining neoauthoritarianism in the legal field.
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Richardson, James T., and Brian M. Lee. "The Role of the Courts in the Social Construction of Religious Freedom in Central and Eastern Europe." Review of Central and East European Law 39, no. 3-4 (November 18, 2014): 291–313. http://dx.doi.org/10.1163/15730352-00000021.
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This article takes a social-constructionist view of the role played by judicial systems in selected Central and East European nations, formerly dominated by the Soviet Union, in defining the meaning of religious freedom. The focus is on the role of national courts, including constitutional courts, and especially the European Court of Human Rights (ECtHR) in this process, with particular attention being paid to the interaction of these separate court systems in defining religious freedom in the various nations. The function of possible ‘pilot judgments’ of the ECtHR in this process is examined. An overall assessment of the role of judicial systems offers a mixed, but somewhat optimistic, view of the role being played by the court systems in the region which seems to support the idea that the ‘judicialization of politics’—addressed by scholars in other branches of law—is also occurring in the area of religious freedom.
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Stec, Andrzej. "Odpowiedzialność polityczno-prawna Prezydenta Ukrainy." Przegląd Sejmowy 6(161) (2020): 145–68. http://dx.doi.org/10.31268/ps.2020.84.
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One of the democratic mechanisms of state governance is to define the political and legal responsibilities of the supreme state bodies. The type and scope of responsibility also determines the legal and constitutional position of the head of state. In the article, the author analyzes legal norms regarding the political and legal responsibility of the President of Ukraine. The examination of problems related to these norms is based on Ukrainian and foreign constitutional and statutory solutions. Political (parliamentary) responsibility is related to the relevance, legitimacy and purposefulness of decisions made by the person holding the office of President. It is assessed by the appointing or controlling body. Although the current legal status in Ukraine does not provide for the institution of the President’s political responsibility, such solutions were present during the political changes after the collapse of the Union of Soviet Socialist Republics. Political responsibility of the Head of State in 1991–1993 was provided by the repeatedly amended Constitution of Soviet Ukraine (of 20 April 1978, as amended in Article 114-9(3)). The constitutional responsibility of the President in Ukraine is regulated in Article 111 of the Basic Law, which states that the Head of State is responsible for treason and other crimes, without however indicating the premises or grading the social harmfulness of these prohibited acts. The discussed problems related to the triple division of power, its exercise and legitimacy appear more and more often in Ukraine, Hungary, Poland and other countries of Central and Eastern Europe, affecting the security of the entire region.
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Sap, John W. "Constitutional Courts Come at a Price WOJCIECH SADURSKI, Rights before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe (Dordrecht, Springer 2005) 377 p., ISBN 1402030061." European Constitutional Law Review 2, no. 3 (October 2006): 483–86. http://dx.doi.org/10.1017/s1574019606004834.
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Cseres, Katalin J. "Harmonising Private Enforcement of Competition Law in Central and Eastern Europe: The Effectiveness of Legal Transplants Through Consumer Collective Actions." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 33–59. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.2.
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The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or consumers cannot apply existing rules or are unwilling to do so, then both their right to an effective remedy and the public policy goal of private enforcement remain futile. Analyzing collective compensatory actions in CEE countries (CEECs) places the harmonization process in a broader governance framework, created during their EU accession, characterized by top-down law-making and strong EU conditionality. Analyzing collective consumer actions through this ‘Europeanization’ process, and the phenomenon of vertical legal transplants, raises major questions about the effectiveness of legal transplants vis-à-vis homegrown domestic law-making processes. It also poses the question how such legal rules may depend and interact with market, constitutional and institutional reforms.
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Albi, Anneli. "“Europe” articles in the constitutions of Central and Eastern European countries." Common Market Law Review 42, Issue 2 (April 1, 2005): 399–423. http://dx.doi.org/10.54648/cola2005003.
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Sajó, András, and Juha Tuovinen. "The Rule of Law and Legitimacy in Emerging Illiberal Democracies." osteuropa recht 64, no. 4 (2018): 506–29. http://dx.doi.org/10.5771/0030-6444-2018-4-506.
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The current legal changes in Eastern and Central Europe leading to illiberal regimes are raising fundamental questions about the nature of the legitimacy of these regimes. While constitutional democracies rely on legitimacy originating from the observance of the rule of law, the rule of law is challenged in countries like Hungary, Poland and progeny. This article analyses, in particular, the lack of clear standards in illiberal regimes, especially where the cultural traits that underlie and animate the rule of law, in particular fairness, are not part of the “folklore”. It then thoroughly outlines the transformation of the judiciary in an illiberal state, followed by an analysis of the demise of the rule of law beyond the attack on the judiciary, and the use of legality in an illiberal state. The article concludes that governments, while relying on certain aspects of the rule of law in protecting their own position and their own assets, nevertheless do not see value in following the rules of reason and fairness for the reasons that the rule of law is valued. They rather see it as a smoke screen for their activities that may justify them to some, and hide them from others.
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Boulanger, Christian. "Constitutional Politics and the Judiciary: Decision‐Making in Central and Eastern Europe. Edited by KálmánPócza. Abingdon, Oxon/New York, NY: Routledge, 2018." Law & Society Review 54, no. 1 (January 29, 2020): 309–12. http://dx.doi.org/10.1111/lasr.12466.
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Elcock, Howard. "The Polish Ombudsman and the Transition to Democracy." International and Comparative Law Quarterly 45, no. 3 (July 1996): 684–90. http://dx.doi.org/10.1017/s002058930005942x.
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A great deal has happened since the first Polish Commissioner for Citizens' Rights Protection discussed the role of her office in this journal in January 1990.1 At that time, the communist regime had given place to Eastern Europe's first non-communist government, led by Tadeusz Mazowiecki, after the elections of June 1989. Following the Polish United Workers' Party's defeat then, communism collapsed throughout Eastern Europe. Poland itself has since moved somewhat shakily towards a pluralist democratic regime, with a directly elected president and two chambers of Parliament in which multi-party systems now operate. However, despite some suggestions that the institutions created during the communist period should be swept away after communism fell, several of them have made the transition to the new liberal-democratic State. These institutions include three that were created by the Jaruszelski regime during the 1980s in order to try to win back its fading popular legitimacy: the Supreme Administrative Court (SAC), the Constitutional Tribunal (CT) and the Commissioner for Citizens' Rights Protection (CCRP), or Ombudsman. Since the fall of communism, the need for administrative adjudication has both changed and become greater, especially because there has not yet been any agreement on a new Polish constitution. The number of complaints sent to the CCRP's office rose from 22,764 in 1990 to 29,273 in 1993. This short article gives an account of the principal developments in the Commissioner's role since 1990. Professor Letowska was replaced in the office in 1991 by Professor Tadeusz Zielinski, from the University of Krakow, and the change in incumbent has produced significant changes in practice as well as continuity.
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Ganev, Venelin I. "The Rule of Law as an Institutionalized Wager: Constitutions, Courts and Transformative Social Dynamics in Eastern Europe." Hague Journal on the Rule of Law 1, no. 02 (September 2009): 263. http://dx.doi.org/10.1017/s1876404509002632.
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Letnar Černič, Jernej, and Matej Avbelj. "The Special Issue of the Hague Journal on the Rule of Law on the Crisis of Constitutional Democracy in Central and Eastern Europe." Hague Journal on the Rule of Law 10, no. 1 (April 2018): 1–3. http://dx.doi.org/10.1007/s40803-018-0072-7.
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Gabor, Francis. "Reflections on NATO's New Mission: Conflict Prevention in the Struggles for Ethnic Self-Determination." Review of Central and East European Law 29, no. 2 (2004): 247–56. http://dx.doi.org/10.1163/157303504774062439.
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AbstractDuring the Cold War, both NATO's role and purpose were clearly defined by the existence of the threat posed by the Soviet Union. The traditional confrontation between the NATO and the Warsaw Pact military organizations effectively has ceased to exist. The dissolution of the Warsaw Pact—combined with the emerging constitutional democracies in Central and Eastern Europe and the transformation of the Russian Federation—has essentially assured that the future threat of a confrontation between the major armies on the European continent is highly unlikely. However, it soon became obvious that several non-traditional, and quite unexpected, risks would give NATO a new mission and new challenges. One of the greatest challenges for post-Cold War Eastern Europe lies in the unresolved questions of ethnic self-determination. The unprecedented human tragedy of two world wars failed to resolve these questions. The concept of ethnic self-determination has been the central theme of the conflicts in the Yugoslav civil wars. NATO played a significant, if not central, role in the final resolution of the Yugoslav civil wars, particularly in the case of Kosovo. The Kosovo experience creates a real challenge for NATO and international legal scholars to create a more precisely defined body of international law to protect ethnic minorities and to build an effective institutional framework for the observation and implementation of so-called minority rights. which would have prevented the tragedy of the Yugoslavian civil war and can prevent future conflicts.
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Topidi, Kyriaki. "Religious Freedom, National Identity, and the Polish Catholic Church: Converging Visions of Nation and God." Religions 10, no. 5 (April 26, 2019): 293. http://dx.doi.org/10.3390/rel10050293.
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In the most common representations of the Polish people, the Catholic Church is not simply considered as a part of the Polish nation; it is the Polish nation. This is reflected in the constitutional relationship of the Church and the State, in the form of a concordat. Yet, despite a formally constitutionally warranted separation, the Church retains heavy weight in the legal and political debates to the point that currently, in a time of resurgence of populism across the globe, a number of right-wing parties adopt positions based on those of the Church, establishing a dangerous nexus between religion and nationalism. The aim of the present contribution is to map this unique process within Eastern Europe in order to show how, in the case of Poland, religious identity and the exercise of religious freedoms, despite its fragmented nature at the individual level of believers, has acquired the features of an autonomous field of intervention, with clear consequences on morality and the exercise of politics, as well as religious rights and freedoms of citizens. Using the example of religious education in public schools, the article will demonstrate the complex paths of the process of secularization in the light of the historical dynamics of state, nation, and Church in Poland. In fact, it will argue that we are gradually moving away from the triumph of secularism as a “teleological theory of religious development” but firmly entering the perilous territory of religious belief as a “traditional carrier of national identity.” Tasked with the mission by Pope John Paul II to “restore Europe for Christianity,” upon joining the EU in 2004 and based on the premise that “majorities have rights too,” this shift implies new forms of religious nationalism for Poland that significantly affect religious freedom by creating dichotomies between “Us” and “Others.” It also offers, similarly to other Eastern European countries, a nuanced interpretation of religious equality that assumes the role of law as limited to protecting religions recognized by reference to established traditions, ignoring the realities of pluralized religious markets.
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Rose, Richard. "Introduction: Lesson-Drawing across Nations." Journal of Public Policy 11, no. 1 (January 1991): 1–2. http://dx.doi.org/10.1017/s0143814x00004906.
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Undertaking cross-national research in order to improve national policy is an idea that goes back centuries. Aristotle examined the constitutions of city-states for the sake of civic betterment. The American Founding Fathers studied the English Constitution to avoid its presumed defects. In turn, Tocqueville examined democracy in America because, as he explained to his French readers, ‘My wish has been to find there instruction by which we may ourselves profit’ (1954 ed.: vol. 1, 14). In the contemporary world, policymakers in every society constantly cite the lessons that they draw from their own past or from the experience of other nations – and in Eastern Europe and the Third World there are many governments anxious to learn from the practice of others how to improve their own policies.
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Chyla, Łukasz. "Latest remarks on the democracy and rule of law in CEE countries." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 24 (September 24, 2018): 77–89. http://dx.doi.org/10.19195/1733-5779.24.6.
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Latest remarks on the democracy and rule of law in CEE countriesRecently, most of the Central and Eastern European CEE countries are going through a very serious crisis of rule of law and constitutional democracy — especially comparing to the EU “accession period”. The apparently successful transition process, adopting the constitutional democracy and the rule of law in CEE countries is now facing serious challenges. Despite the illusive ideological solidarity, common values and increasing harmonization of law within the European Community, a contrast between the image and the reality has become visible. It turned out that apparently democratically mature new members of the European Community are, in reality, functioning in the shadows of informal networks, political systems and local correlations — while rule-of-law institutions are often too weak or underdeveloped and continuously fail to limit the abuse of uncontrolled state power. Interestingly, early signs of such shallow Europeanisation of the CEE political and legal systems has been for long marginalized by European Community. The cause of the current state is of deeply structural character, and constitutes mostly a proof of failure of defectively carried out process of transformation. The aim of the article is to present some comparative perspective on the subject and discuss the potential reasons of backsliding of CEE legal and political systems.Aktualne uwagi na temat demokracji i rządów prawa w krajach Europy Środkowo-WschodniejW ostatnim czasie większość krajów Europy Środkowej i Wschodniej przechodzi bardzo poważny kryzys rządów prawa i demokracji konstytucyjnej, szczególnie w porównaniu z tzw. okresem akcesyjnym UE. Udany proces transformacji, przyjęcie demokracji konstytucyjnej i rządów prawa w krajach Europy Środkowo-Wschodniej stoi obecnie przed poważnymi wyzwaniami. Pomimo iluzorycznej ideologicznej solidarności, wspólnych wartości i rosnącej harmonizacji prawa we Wspólnocie Europejskiej, widoczny staje się kontrast między tym wyidealizowanym obrazem a rzeczywistością. Okazało się, że pozornie dojrzali demokratycznie nowi członkowie Wspólnoty Europejskiej funkcjonują w rzeczywistości w cieniu nieformalnej sieci powiązań, podczas gdy instytucje rządów prawa są często zbyt słabe lub słabo rozwinięte i ciągle nie udaje im się ograniczyć nadużycia niekontrolowanej władzy państwowej. Co ciekawe, wczesne oznaki tak płytkiej europeizacji systemów politycznych i prawnych w Europie Środkowo-Wschodniej były długo marginalizowane przez Wspólnotę Europejską. Przyczyna obecnego stanu ma głęboki charakter strukturalny i stanowi głównie dowód niepowodzenia błędnie przeprowadzonego procesu transformacji. Celem artykułu jest przedstawienie pewnej perspektywy porównawczej na ten temat i omówienie potencjalnych przyczyn „odwrotu” prawnego i politycznego systemów CEE.
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Blokker, Paul. "Dissidence, Republicanism, and Democratic Change." East European Politics and Societies: and Cultures 25, no. 2 (April 15, 2011): 219–43. http://dx.doi.org/10.1177/0888325410387642.
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The dramatic changes of 1989 have been widely understood as the confirmation of Western, liberal democracy as the ultimate model of the modern polity. The fact that 1989 was about a dual language that not only emphasized the rule of law and the implementation of rights, but also articulated ideas of democracy alternative to the mainstream liberal-constitutional idea, has not been at the forefront of interpretations of post-1989 trajectories. This does not mean, though, that 1989 has not had implications for the democratic imaginary and structures emerging in the new democracies. Dissidence has had important even if less visible implications for democratic imaginary and structure in ways that are still being played out. It should be recognized that the events of 1989 and dissident thought also indicated alternative, republican democratic models that have had implications for the democratic structures emerging in the wake of 1989. In the contribution, the author will first briefly discuss the one-sidedness of interpretations of democracy in post-1989 Central and Eastern Europe and, subsequently, highlight one alternative understanding of democracy that has emerged in some of the dissidents’ ideas prior to and in 1989, in particular in terms of notions of republican democracy. Second, the author will discuss some instances—predominantly referring to the experiences in the Czech Republic, Hungary, and Poland—in which the influence of dissident ideas on constitutional and legal-institutional transformations, in particular regarding local self-government and direct democracy, becomes visible.
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Hasmuça, Gerta. "The Justice System in Albania – Analysis of Progress Report 2016." Mediterranean Journal of Social Sciences 8, no. 1 (January 26, 2017): 180–83. http://dx.doi.org/10.5901/mjss.2017.v8n1p180.
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Abstract Albania is one of the new democracies in the South-Eastern Europe which hopes to be granted the status of membership to the European Union. Since June 2014, Albania is a candidate for accession to European Union, after it fulfilled the requirements based on Stabilization and Association Agreement the negotiations of whom started in 2003 and was signed in 2006. Even though the formal application of Albania is dated in 2009, the country has undergone through a difficult process in order to fulfill the pre-requirements especially in the justice system in Albania. The level of corruption is considered the main problem which was highlighted also in the other Progress Reports of Albania and it is still considered to be an important impediment to Albanian accession to EU. Differently from the other progress reports, in the progress report 2016 (Albania 2016 Report), there are noted some improvements consisting mainly in the adoption of a set of constitutional amendments which was the starting point to thorough justice reform. Even though initially such process was faced with the severe diversion of opinions of Albanian main parties, they finally reached an agreement with the recommendations provided by the Venice Commission at the Council of Europe. The report considers as a positive step the newly adopted law on the re-evaluation of judges, prosecutors and legal advisors. Another positive aspect of the law is the re-evaluation (vetting) based on 3 criteria: integrity through assets assessment, background assessment (inappropriate links with organized crime) and professional competence. Such improvements weren’t sufficient enough to permit to Albania to start negotiations with EU as there are still many obstacles to overcome.
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Lityński, Adam. "THE SOVIETIZATION OF THE JUDICIAL SYSTEM IN POLAND 1944-1950." Roczniki Administracji i Prawa 3, no. XX (September 30, 2020): 101–21. http://dx.doi.org/10.5604/01.3001.0014.4228.
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The “Big Three’s” (Roosevelt, Churchill, Stalin) Jalta, Crimea (February, 1945) Agreement, gave away Central and Eastern Europe to Stalin. Stalin promised free elections. For appearances’ sake, the law from 1939 was used. However, new standards form USSR were brought. Communists were supposed to implement them in Poland. Slowly, courts were dependent on the governing communist party. This process can be considered as completed in 1950. It was perpetuated in Constitution of the Polish People’s Republic from 1952. The courts’ main goal was to use repression, not to mete out justice. The Author shows it in the article.
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Uhma, Piotr. "The Constitutionalization of International Law After Liberalism." Politeja 18, no. 6(75) (December 16, 2021): 5–27. http://dx.doi.org/10.12797/politeja.18.2021.75.01.
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Many political changes that have taken place across the world in the last decade have been connected with the spill-over of a new narrative in the public dimension. Among other things, this narrative has emphasized returning control over the public space to the people once again, revitalization of the democratic community, restraint on an expansion of judicial power over representational politics, and in many instances, a specific national approach to the questions of governance. These trends have gained the name “illiberal democracy”, a description which Viktor Orban introduced into the language of political practice a few years later. Indeed, in many countries worldwide, from the United States of America (USA) during the presidency of Donald Trump, Central and Eastern Europe, to Turkey and Venezuela, it has been possible to observe changes which had the principal leitmotif to negate liberal democracy as the only possibility of organizing public space within the state. These trends are continuing, and there are no signs of them disappearing in the near future. The new dispensation in the USA under President Biden also does not guarantee an immediate return to the liberal internationalism of the 1990s. Political changes directed toward the constitutional space of the State have inspired researchers to consider the issues of new constitutionalism, new forms of democracy, and the rule of law beyond liberalism. This article is an attempt to transfer these considerations to the international level. The text aims to consider whether withdrawal from the liberal doctrine could also be observed on an international level and what these facts could mean for the intellectual project of constitutionalization of international law. Building upon reflections on constitutionalism and constitutionalization of international law, this text presents what has up until now been the mainstream understanding of international law as a liberal construct. This showcases the illiberal turn observed among certain countries as exemplified by the anti-liberal and realist language of their constitutional representatives. In this respect, this analysis is a modest contribution to the so far nascent field of sociology of international law. However, the main endeavor of this article is to unchain the notions of international liberalism and constitutionalization of international law as being popularly understood as two sides of the same coin. Consequently, the idea of political constitutionalism of international law is introduced. Seeing things from this perspective, this text focuses on the material rather than formal aspects of international law's constitutionalization. Within the stream of so called thick constitutionalism, there are a few elements listed with which the discussion about international law may continue to engage, if this law is to be considered as legitimate not only formally, but also substantially.