Organised by the IACL Working Group on Constitutional Interpretation, supported by the EU H2020 project DEMOS (Democratic Efficacy and the Varieties of Populism in Europe), the Hungarian Academy of Sciences, and the Centre for Social Sciences, Institute for Legal Studies
Budapest, December 5-6, 2019
PROGRAMME
Day 1 – December 5, Thursday
8.30 – 9.00 Registration
9.00 – 9.15 Welcome remarks by Fruzsina Gárdos-Orosz (Director, CSS Institute for Legal Studies; Associate Professor, Eötvös Loránd University)
9.15 – 9.30 Introductory notes by Zoltán Szente (Research Chair, CSS Institute for Legal Studies; Professor of Law, National University of Public Service)
Plenary session
Moderator: András Bragyova (Professor of Law, University of Miskolc; Research Chair, CSS Institute for Legal Studies; former member of the Hungarian Constitutional Court)
9.30 – 10.00 Keynote speech by Mark Tushnet (William Nelson Cromwell Professor of Law, Harvard Law School)
The possibility of autochthonous methods of constitutional interpretation
10.00 – 10.20 Pablo Riberi (Constitutional Law Professor at the School of Law of the National University of Córdoba (UNC) and at the School of Political Science of the Catholic University of Córdoba (UCC) )
Populist and non-democratic reading of the Constitution ‒ Sad lessons from Latin America
10.20 – 10.40 Discussion
10.40 – 11.00 Coffee Break
11.00 –12.30 Panel I: Populism meets constitutional interpretation in post-communist countries
11.00 – 11.20 Zdeněk Kühn (Associate Professor, Charles University Law School; Justice, Supreme Administrative Court of the Czech Republic)
The rise and fall of judicial activism in the Czech Republic
11.20 – 11.40 Nóra Chronowski (Associate Professor, National University of Public Service; Visiting Researcher, CSS institute for Legal Studies) & Attila Vincze (Associate Professor, Andrássy Gyula University)
Use and misuse of European frameworks: legal transplants and the ‘European constitutional dialogue’ in the case law of the Hungarian Constitutional Court
11.40 – 12.00 Wojciech Brzozowski (Adjunct Professor, University of Warsaw)
Whatever works: Constitutional interpretation in Poland in times of populism
12.00 – 12.30 Discussion
12.30 – 13.45 Lunch
13.45 –15.50 Panel I (Cont.): Populism meets constitutional interpretation in post-communist countries
Moderator: Zoltán Szente (Research Chair, CSS Institute for Legal Studies; Professor of Law, National University of Public Service)
13.45-14.05 Alexandra Mercescu (West University of Timisoara)
Non Sequitur in Constitutional Interpretation: A Populist Tool?
14.05-14.25 Eszter Bodnár (Associate Professor, Eötvös Loránd University; Premium Postdoctoral Researcher, Hungarian Academy of Sciences)
The use of the comparative method in the Hungarian Constitutional Court’s practice after 2010
14.25-14.45 Djordje Gardasevic (Associate Professor, Zagreb Law School)
The Concept of Constitutional Identity Against Populist Claims – the Case of Croatia
14.45-15.05 Csongor Kuti (University of Arts Târgu Mureş)
Between a rock and a hard place: constitutional conflict cases before the Romanian Constitutional Court
15.05-15.25 János Mécs (PhD student, Eötvös Loránd University)
Populism, elections, legal paradigm – the interpretative struggle of the Hungarian constitutional court in electoral matters
15.25-15.50 Discussion
15.50-16.00 Coffee Break
16.10‒18.00 PANEL II: Authoritarian trends and constitutional interpretation in consolidated democracies
Moderator: Fruzsina Gárdos-Orosz (Director, CSS Institute for Legal Studies; Associate Professor, Eötvös Loránd University)
16.00-16.30 Keynote speech by Anna Gamper (Professor of Law, University of Innsbruck)
An “Instrument of Government” or “Instrument of Courts”? The Impact of Political Systems on Constitutional Interpretation and the Case of Populism
16.30-16.50 Paolo Zicchittu (Researcher in Constitutional Law and Adjunct Professor, University of Milan-Bicocca) & Simone Gianello (Research Fellow, University of Milan-Bicocca)
Limiting Populism through Constitutional Interpretation: A Comparison between the Recent Practice of the Constitutional Courts of Italy and Hungary
16.50-17.10 Gianmario Demuro (Professor in Constitutional Law at the University of Cagliari) & Riccardo Montaldo (doctoral candidate at the Universities of Kassel and Cagliari)
The populist reforms in Italy and the instrument of constitutionally conforming interpretation
17.10-17.30 José Antonio Sanz Moreno (Professor at the Universidad Complutense de Madrid)
Populist theologies and Spanish constitutional court: democratic constitutionalism without intangible clauses vs. Catalan secessionist process
17.30-18.00 Discussion
20.00 – Dinner
Day 2 – December 6, Friday
Plenary session
9.00-9.30 Keynote speech by Martin Loughlin (Professor of Public Law, London School of Economics and Political Science)
Constitutional Interpretation: What can Europeans learn from the US debates?
9.30-9.50 John Morijn (Assistant Professor, University of Groningen)
Populism v. human rights: substantive and interpretational challenges
9.50-10.20 Discussion
10.20-10.40 Coffee Break
10.40‒12.30 PANEL II: Authoritarian trends and constitutional interpretation in consolidated democracies
10.40-11.00 John McEldowney (Professor of Law at the University of Warwick Law School)
Populism, UK Sovereignty, the Rule of Law and Brexit
11.00-11.20 Konrad Lachmayer (Professor for Public Law, Sigmund Freud University in Vienna)
Formalism and judicial self-restraint as tools against populism? Considerations to recent developments of the Austrian Constitutional Court
11.20-11.40 Apostolos Vlachogiannis (Teaching Assistant, Hellenic Open University)
Constitutional identity as a populist notion? The Council of State and the forging of the Greek constitutional identity through the crisis
11.40-12.00 Irene Spigno (Professor of Comparative Constitutional Law and Human Rights, Inter-American Academy of Human Right-Autonomous University of Coahuila (Mexico) )
Challenges to constitutional interpretation in xenophobic populist hate speech cases in comparative perspective
12.00-12.30 Discussion
12.30 – Lunch
Please send an email indicating your intention to attend the conference with your name and affiliation at szilagyi.emese@tk.mta.hu. Registration is free of charge.
Attachment: Conference Program in pdf format.