Central European Constitutional Courts in the Face of EU Membership

The Influence of the German Model in Hungary and Poland

Series:

Central European Constitutional Courts in the Face of EU Membership explores the enduring German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on its counterparts in Hungary and Poland.

Such a model aims to protect Germany’s constitutional identity or essential core of sovereignty, the contents of which are not susceptible to transfer or limitation, in the face of the requirements of the Union’s constitutional legal order.

The influence of this model on the two Central European courts has encouraged them to take an active part in negotiating the new multilayered judicial construct of Europe. Tatham thus firmly places the Hungarian and Polish constitutional courts within the overall context of the continuing dialogue between national courts and the Court of Justice in the evolution of the European constitutional space.
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Biographical Note

Allan F. Tatham, Ph.D. (2011), University of Leiden, lectures on EU law at CEU San Pablo University, Madrid. Formerly assistant professor Pázmány Péter Catholic University, Budapest. He has published extensively on EU enlargement and law harmonization.

Review Quotes

“The book reviewed here is interesting for many reasons: the methodology and the case law-based approach employed allow one to identify continuities and discontinuity in the case law of the Hungarian and Polish Constitutional Courts. The final chapter provides the reader with a more systematic conclusion and is indeed rich in clues and insights. Although the situation has developed rapidly in the last year (…) many of the considerations made are still very topical.
This book has more merits: it casts light on the much too neglected theme, bringing new examples of the influence of the German model to the attention of a vast audience and offers a potential reference point in this field. Finally, the clarity of its argument is not a secondary detail and its purchase is absolutely recommended.”
Common Market Law Review, Vol. 51 No. 2 April 2014, Giuseppe Martinico, Madrid.

Table of contents

Acknowledgments; Permissions; Table of Cases Cited; Table of Legislation Construed; Abbreviations;
Introduction:
A. Objectives of Research;
B. Methodology of the Research;
C. Structure of the Research;
Chapter One: The General EU Constitutional Context
Background;
A. Judicial Construction of the EU Constitution;
B. Framework for Constitutional Court Reticence vis-à-vis European Integration;
C. Transjudicial Communication in the EU;
D. Conclusion;
Chapter Two:The Predominance of The German Model in Central Europe: Migrations of Legal and Constitutional Ideas
Background;
A. Relevant Legal Models for Central Europe;
B. Relevancy of the German Model in Central Europe;
C. Conclusion;
Chapter Three:The German Federal Constitutional Court and European Law: A Case of “Thus Far, and No Further”?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Constitutional Court Acceptance;
F. Concluding Observations;
Chapter Four:The Hungarian Constitutional Court and European Law:
A Case Of “Slow And Steady Wins The Race”?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Constitutional Court Acceptance;
F. Concluding Observations;
Chapter Five: The Polish Constitutional Tribunal and European Law:
A Case of “Sovereignty Regained”?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Court Acceptance;
F. Concluding Observations;
Chapter Six: Conclusion
A. Overall Context of the Conclusion;
B. The Issue of Constitutional Pluralism for Constitutional Courts: The Current Situation Explained?;
C. A Controversial Proposal;
D. Final Remarks;
Bibliography; Index.

Readership

Those teaching and researching European and comparative public law at postgraduate level, together with institutes, libraries at universities and superior and constitutional courts will find this volume useful and informative.

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