Damaging the Legitimacy of the Spanish Constitutional Court

The Spanish legislative burdens the Constitutional Court with the task to prevent Catalonia from pursuing independence. To use the Constitutional Court as the main barricade against any attempt at starting the independence process does tremendous damage to the Court itself as it undermines its perception as neutral arbiter and, thereby, its legitimation.

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European parliamentary sovereignty on the shoulders of national parliamentary sovereignties: A Reply to Sébastien Platon

We are really grateful that the Verfassungsblog has been one of the very first forums engaging the discussion on the "Treaty on the democratization of the governance of the euro area" (T-Dem). While the proposal has emerged in the framework of the current French presidential campaign, and is now widely debated in this context, it has been primarily thought of as a contribution to the ongoing transnational conversation over the future of the European Union. As authors of the proposal, we first wish to thank our colleague Sébastien Platon for launching an interesting discussion about the T-Dem.

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After Article 50 and Before Withdrawal: Does Constitutional Theory Require a General Election in the United Kingdom Before Brexit?

On March 29th, Theresa May will notify the EU Council of the withdrawal of the United Kingdom from the EU. This is the result of the Brexit referendum which, for the first time in the United Kingdom’s constitutional history, has opened up a powerful new source of popular sovereignty as a social fact. It is necessary for the constitutional integrity of the United Kingdom that this new stream of popular social legitimacy is realigned with the existing stream of Parliamentary Sovereignty. The most effective and desirable way in which to achieve this would be for a General Election to take place.

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The Catalan Secessionist Movement and Europe – Remarks on the Venice Commission’s Opinion 827/2015

The Venice Commission has issued an opinion on a Spanish statute on the Constitutional Court’s authority. This statute is to be read as a concrete response to the Catalan secessionist movement. The Commission now reveals the European perspective on it…

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Sententia non existens – the future of jurisprudence of the Polish Constitutional Tribunal?

One of the latest topics in the debate on the future of constitutional control in Poland concerns the possibility and the need of common court judges to directly apply the Constitution. This possibility has already existed in theory – according to the Article 8 para 2 of the Constitution of Poland, the provisions of the Constitution shall apply directly, unless the Constitution provides otherwise. However, in practice, until now in case when the conformity of the normative act with the Constitution was questioned in particular case, the court has always referred the question of law the Constitutional Tribunal. The need to come back to the discussion on direct applicability of the Constitution stems from the questionable legality of some Constitutional Tribunal rulings in connection with the incorrect appointment of three so-called “quasi-judges” in December 2015.

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Impeaching Remnants of the Authoritarian Past: A Constitutional Moment in South Korea

Last Friday, effective March 10 at exactly 11:21 a.m., the sitting President Park Geun-hye was removed from her office by a unanimous decision of the South Korean Constitutional Court. With public life coming to a standstill as eyes focused on TV and internet live broadcasting, the acting Chief Justice delivered the court decision. The conclusion of the constitutional impeachment procedure marked the climax of a transformative ongoing constitutional moment in South Korea.

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Once More unto the Breach? An Independent Scotland, Europe, and the Law

Today, Scottish First Minister Nicola Sturgeon has announced that she would ask the Scottish Parliament to allow her to agree with the UK Government on another independence referendum. The Scottish people should be given a right to decide – once the terms of Brexit are known – whether to stick with the UK and leave the EU or pursue the route of independence and stay within ‘Europe’. This blog post will briefly outline some of the legal obstacles on the way, both internal and external.

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Democratizing the Euro Area without the European Parliament: Benoît Hamon’s “T-Dem”

On the 10th March, the official candidate of the Socialist Party for the French presidential elections, Benoît Hamon, outlined his programme for the European Union. This programme, whilst being against austerity and in favour of more flexibility as regards EU requirements in terms of public budgets and public debts, comes with a treaty proposal, the draft treaty on the democratization of the governance of the euro area (dubbed « T-Dem »). This treaty, which was prepared by the candidate together with the superstar economist Thomas Piketty (who has joined his team) is supposed to bring more democracy to the governance of the Euro area. However noble (and necessary) this ambitious idea might seem, the way this draft treaty has been engineered raises not only political but also legal questions.

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State Reform in Greece: Legal and Practical Considerations

For the Greek drama to be resolved on a long-term basis, the shift from the exclusive focus on finances to institutional arrangements is long overdue. Armin von Bogdandy and Michael Ioannidis convincingly set out the proposal’s significant advantages. At the same time, however, its implementation might raise a host of both legal and practical considerations.

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The Asymmetric Bet of Europe

One of the options in Jean-Claude Juncker’s White Paper on the Future of Europe is an asymmetric Europe. While some comparative lawyers still treat asymmetry as an exception in the life of federal polities, actually this concept has progressively acquired a key role in the history of federalism. In other words, today asymmetry is the rule rather than the exception in this field.

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