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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Reports

Editors:

  1. Anneli Albi

    1. Law School, University of Kent, Canterbury, UK

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    You can also search for this editor in PubMed   Google Scholar

  2. Samo Bardutzky

    1. Law School, University of Ljubljana, Ljubljana, Slovenia

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    You can also search for this editor in PubMed   Google Scholar

  • A key comparative reference book, with each report systematically structured to cover the same themes

  • Each report contains constitutional amendments, constitutional challenges to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, austerity cases, judicial review and democratic control in global governance

  • This book takes a bottom-up approach and makes available case law and constitutional debates in the Member States, including those that are considered more peripheral

  • The national reports contain a wealth of assessments and practical policy recommendations from constitutional experts

  • The above-mentioned policy recommendations regard how some of the challenges in the European constitutional and judicial dialogues could be addressed

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  • ISBN: 978-94-6265-272-9
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Table of contents (32 chapters)

  1. The Post-Totalitarian Constitutions of the ‘New’ Member States from the Post-Communist Area: A Detailed Bill of Rights, Rule of Law Safeguards and Constitutional Review Entrenched after the Recent Memory of Arbitrary Exercise of Power

    3. Slovakia: Between Euro-Optimism and Euro-Concerns

      • Zuzana Vikarská, Michal Bobek
      Pages 835-886Open Access

    4. The Constitution of Estonia: The Unexpected Challenges of Unlimited Primacy of EU Law

      • Madis Ernits, Carri Ginter, Saale Laos, Marje Allikmets, Paloma Krõõt Tupay, René Värk et al.
      Pages 887-950Open Access

    5. The Constitution of Latvia – A Bridge Between Traditions and Modernity

      • Kristīne Krūma, Sandijs Statkus
      Pages 951-995Open Access

    9. The Constitution of Croatia in the Perspective of European and Global Governance

      • Iris Goldner Lang, Zlata Đurđević, Mislav Mataija
      Pages 1139-1177Open Access

  2. Traditional or Hybrid Legal Constitutions: Combining Strict and Flexible Aspects, e.g. an Older or ECHR-Based Bill of Rights

    1. Front Matter

      Pages 1179-1179
      PDF

    2. The Constitution of France in the Context of EU and Transnational Law: An Ongoing Adjustment and Dialogue to Be Improved

      • Laurence Burgorgue-Larsen, Pierre-Vincent Astresses, Véronique Bruck
      Pages 1181-1223Open Access

    3. The Belgian Constitution: The Efficacy Approach to European and Global Governance

      • Patricia Popelier, Catherine Van de Heyning
      Pages 1225-1270Open Access

    6. The Cypriot Constitution Under the Impact of EU Law: An Asymmetrical Formation

      • Constantinos Kombos, Stéphanie Laulhé Shaelou
      Pages 1373-1432Open Access

  3. Specific Constitutional Developments

    1. Front Matter

      Pages 1433-1433
      PDF

    3. Hungary: Constitutional (R)evolution or Regression?

      • Nóra Chronowski, Márton Varju, Petra Bárd, Gábor Sulyok
      Pages 1439-1488Open Access

  4. Reforming the National Constitution in View of Global Governance

    1. Front Matter

      Pages 1489-1489
      PDF
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About this book

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.

The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’.

The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law.

Anneli Albi is Professor of European Law at the University of Kent, United Kingdom.

Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.


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Keywords

  • Constitutional Courts
  • European Arrest Warrant
  • Fundamental Rights
  • Data Retention Directive
  • Judicial Dialogues
  • European Commission and IMF
  • European Court of Justice
  • Constitutional Amendments
  • EU and International Law Supremacy
  • European Constitutionalism
  • Open Access
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Editors and Affiliations

  • Law School, University of Kent, Canterbury, UK

    Anneli Albi

  • Law School, University of Ljubljana, Ljubljana, Slovenia

    Samo Bardutzky

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About the editors

Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

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Bibliographic Information

  • Book Title: National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

  • Book Subtitle: National Reports

  • Editors: Anneli Albi, Samo Bardutzky

  • DOI: https://doi.org/10.1007/978-94-6265-273-6

  • Publisher: T.M.C. Asser Press The Hague

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s) 2019

  • License: CC BY

  • Hardcover ISBN: 978-94-6265-272-9Published: 13 June 2019

  • eBook ISBN: 978-94-6265-273-6Published: 29 May 2019

  • Edition Number: 1

  • Number of Pages: XXIV, 1522

  • Number of Illustrations: 1 illustrations in colour

  • Topics: Constitutional Law, European Law, International Criminal Law, Human Rights, Fundamentals of Law

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Hardcover Book USD 59.99
Price excludes VAT (USA)
  • ISBN: 978-94-6265-272-9
  • Dispatched in 3 to 5 business days
  • Exclusive offer for individuals only
  • Free shipping worldwide
    See shipping information.
  • Tax calculation will be finalised during checkout
Learn about institutional subscriptions