Full Description
Central European Constitutional Courts in the Face of EU Membership explores the enduring German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court's approach to EU integration on its counterparts in Hungary and Poland.
Such a model aims to protect Germany's constitutional identity or essential core of sovereignty, the contents of which are not susceptible to transfer or limitation, in the face of the requirements of the Union's constitutional legal order.
The influence of this model on the two Central European courts has encouraged them to take an active part in negotiating the new multilayered judicial construct of Europe. Tatham thus firmly places the Hungarian and Polish constitutional courts within the overall context of the continuing dialogue between national courts and the Court of Justice in the evolution of the European constitutional space.
Contents
Acknowledgments; Permissions; Table of Cases Cited; Table of Legislation Construed; Abbreviations;
Introduction:
A. Objectives of Research;
B. Methodology of the Research;
C. Structure of the Research;
Chapter One: The General EU Constitutional Context
Background;
A. Judicial Construction of the EU Constitution;
B. Framework for Constitutional Court Reticence vis-à-vis European Integration;
C. Transjudicial Communication in the EU;
D. Conclusion;
Chapter Two:The Predominance of The German Model in Central Europe: Migrations of Legal and Constitutional Ideas
Background;
A. Relevant Legal Models for Central Europe;
B. Relevancy of the German Model in Central Europe;
C. Conclusion;
Chapter Three:The German Federal Constitutional Court and European Law: A Case of "Thus Far, and No Further"?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Constitutional Court Acceptance;
F. Concluding Observations;
Chapter Four:The Hungarian Constitutional Court and European Law:
A Case Of "Slow And Steady Wins The Race"?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Constitutional Court Acceptance;
F. Concluding Observations;
Chapter Five: The Polish Constitutional Tribunal and European Law:
A Case of "Sovereignty Regained"?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Court Acceptance;
F. Concluding Observations;
Chapter Six: Conclusion
A. Overall Context of the Conclusion;
B. The Issue of Constitutional Pluralism for Constitutional Courts: The Current Situation Explained?;
C. A Controversial Proposal;
D. Final Remarks;
Bibliography; Index.
