This volume of Annotated Legal Documents on Islam in Europe covers Denmark and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original Danish language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.
Author: Julia Schmidt
In The European Union and the Use of Force, Julia Schmidt examines the development and activities of the EU as an emerging international militaryactor. The author offers a comprehensive analysis of the conditions under which the EU can engage in military crisis management operations from the perspective of EU law as well as from the perspective of public international law, with a particular emphasis on the EU’s relationship with the United Nations and the EU’s relationship with its Member States in the context of the use of force.
Throughout the monograph, questions of European integration in the sphere of the common foreign and security policy as well as the EU’s place and role within the international community are put into focus.
Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)’s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies.

The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law.
The EU is to-day at a crossroad: either it becomes a great supranational union or it goes back to being an array of separate independent states. Alberto Martinelli and Alessandro Cavalli draw a grand fresco of the society in which the European Union is taking shape. Long term social and cultural trends and main current developments in economics and politics are synthetically outlined. Key questions of identity and nationalism, immigration and inequality, welfare and economic governance, are thoroughly analysed. Main cleavages, conflicts of interest and different visions of member states, as well as institutional reforms and crisis management strategies are critically discussed. A detailed proposal for advancing the process of political integration concludes the volume.
European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.
Author: Rafał Mańko

Artur Kozak (1960–2009) was one of the most original and innovative philosophers of law to emerge from the so-called ‘middle generation’ of Polish post-War jurisprudence. Kozak’s principal achievement was to break away from the analytical paradigm of legal theory, dominant in the in Poland at the time, and engage legal theory in a fruitful dialogue with contemporary sociology and philosophy, including such currents as social constructionism or postmodernism. To name his original theoretical project, Kozak coined a new term – ‘juriscentrism’ (juryscentryzm), consciously evoking Richard Rorty’s concept of ethnocentrism. Juriscentrist legal theory was mainly focused on providing legitimacy for the newly gained power of the legal community in a post-socialist society, but its theoretical resonance is universal. Kozak’s premature death made it impossible to complete the theoretical project of juriscentrism, nonetheless he managed to elaborate its main tenets, including the concept of juristic discretional power and a juriscentrist concept of law. Kozak’s legacy in contemporary Polish legal theory is particularly visible in Wrocław, where not only the post-analytical paradigm in Poland is the strongest, but also the first Polish school of critical legal theory has recently emerged.

In: Review of Central and East European Law

The article presents the issue of the judicial application of the law in contemporary Civil Law jurisdictions. This topic arouses a great deal of controversy, because it is associated with granting courts a wide range of discretionary powers, including lawmaking. In the theoretical-legal literature this issue is often dealt with by juxtaposing different ideologies on the judicial application of law: bound, free or legal and rational. This division was introduced and developed by Jerzy Wróblewski, whose concept of the judicial application of law is presented and critically analyzed in the present article, with particular attention paid to the principle of the separation of powers. In recent Polish theoretical-legal literature, discussion on this issue has tended to focus less on whether the courts in our legal system possess lawmaking competence, and more on whether they should be allowed such competence. This is due to the fact that a view now prevails in the literature which holds that, in certain cases, there is a need for creative interpretation of the law, as this can remedy the poor quality of the law enacted by the legislator.

In: Review of Central and East European Law
Author: Tomasz Bekrycht

The work of Jerzy Wróblewski has had a huge impact not only on the theory and philosophy of law, both in Poland and internationally, but also on the whole of ​​jurisprudence, especially the fields of doctrinal legal research and the practical application of the law (in particular on adjudication). The aim of this study is to present one of Wróblewski’s most influential concepts, namely the theoretical model of judicial interpretation, from the point of view of axiology and epistemology in the field of jurisprudence.

In: Review of Central and East European Law

This paper presents Jerzy Wróblewski’s (1926–1990) theory of law. He was an eminent Polish legal philosopher. His philosophical minimalism, anticognitivism, relativism and moderate reconstructivism constitute the basis for analytical theory of law in Poland. He was developing his theory of law over the span of several dozens of years but the assumptions were formulated already in his first work on legal interpretation published in 1959. His paradigm of legal theory includes several areas: the theory of the legal norm, theory of legal interpretation, theory of the legal system, theory of application of law, theory of law-making and the methodology of legal sciences.

In: Review of Central and East European Law