EU

Drinóczi_18.11.19

Illiberal constitutionalism 2 – constraints on public power

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.
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New Book: Zoltán Szente, Fruzsina Gárdos-Orosz (eds), New Challenges to Constitutional Adjudication in Europe ‒ A Comparative Perspective, Routledge, 2018

by Emese Szilágyi, Junior Research Fellow, Scientific Secretary of the Institute for Legal Studies, Centre for Social Sciences, Hungarian Academy of Sciences This new book, edited by two prominent Hungarian constitutional scholars, Zoltán Szente and Fruzsina Gárdos-Orosz examines how the most exigent social, economic and political challenges affect constitutional adjudication at both national and European levels. More precisely, the research question was whether the most recent global challenges, such as the world economic crisis, the new wave of international terrorism or mass migration have changed the well-embedded judicial constructions or, in general, the jurisprudence of constitutional and supranational courts.
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Who exerts judicial review over the European Court of Justice?

by Rasmus Smith Nielsen, PhD student The article concludes that the Danish Supreme Court in its judgment UfR 2017.824H (Ajos case) has ruled that 1) an application of the general EU principle prohibiting discrimination on grounds of age in Denmark together with 2) direct effect and horizontal effect of article 21 in the Charter on Fundamental Rights of the European Union and 3) direct effect of law derived from TEU art. 6, section 3, would under e.g. the Danish EU accession law constitute an infringement of art. 88 of the Danish Constitution (amendment of the constitution), and 4) the European Court of Justice has according to the Danish Supreme Court, at least, before 1th December 2009 infringed the treaty (currently TEU and TFEU), cf. e.g. TEU art. 5, section 2, TEU art. 13, section 2, and TFEU art. 352.
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Economic crisis and reform of EU law

by Abraham Barrero Ortega and Irene Sobrino Guijarro Within the framework of the EU, it is possible to identify parallel legal developments that deserve close attention. We are referring to the specific reality represented by the “Treaty establishing the European Stability Mechanism” (2nd of February 2012), the “Treaty on Stability, Coordination and Governance in the Economic and Monetary Union” (2nd of March 2012), closely linked to the “Pact for the Euro”– endorsed by the Heads of State or Government in March 2011-, and the “Compact for Growth and Jobs”, agreed by Heads of State or Government at the European Council in June 2012.

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