14 Februar 2017
A Polish Marbury v. Madison?
Has the new President of the Polish Constitutional Tribunal been lawfully appointed? This question is at the core of the latest act of the ongoing judicial drama in Poland. The Warsaw Court of Appeals has now referred this question to the Polish Supreme Court. Civil courts are called upon to at least partially fill the gap left by the subjugated Constitutional Tribunal in safeguarding the rule of law in Poland. Continue reading >>
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10 Januar 2017
The Hungarian Constitutional Court and Constitutional Identity
Ever since the 2010 parliamentary elections Hungary has set off on the journey to became an ‘illiberal’ member state of the EU, which does not comply with the shared values of rule of law and democracy, the ‘basic structure’ of Europe. The new government of Viktor Orbán from the very beginning has justified the non-compliance by referring to national sovereignty, and lately to the country’s constitutional identity guaranteed in Article 4 (2) TEU. This constitutional battle started with the invalid anti-migrant referendum, was followed by the failed constitutional amendment, and concluded in early December last year by a decision of the Constitutional Court, in which the packed body in a binding constitutional interpretation rubber-stamped the constitutional identity defense of the Orbán government. Continue reading >>
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30 März 2016
Paradoxes of Constitutionalisation: Lessons from Poland
This comment aims to explain a number of paradoxes of constitutionalization on the example of the current constitutional crisis in Poland. It attempts to demonstrate that this crisis is not only political in its nature, but structural as it results from the inherent tension between the concept of rule of law, democracy and human rights. It is also argued that the success of constitutionalization as a global project depends on strong social endorsement of constitutional institutions and practices, including judicial review. Continue reading >>
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23 November 2015