Constitutionalism and the enlargement of Europe [electronic resource] / Wojciech Sadurski.
- Oxford : Oxford University Press, 2012.
1 online resource (263 p.)
- Council of Europe.
European Court of Human Rights.
Constitutional law -- Europe.
International economic integration -- Political aspects -- Europe.
Europe -- Economic integration -- Political aspects.
- Electronic books.
- After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU.Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the
- Cover; Contents; Table of Cases; Table of Legislation, Conventions, and Treaties; List of Abbreviations; Introduction; 1. Enlargement of the Council of Europe and Constitutionalization of the European Court of Human Rights; 1. Introduction: a European Constitutional Court of Human Rights?; 2. The ECHR system in transition; 3. Contrasting approaches to 'Strasbourg': East and West; 4. From individual justice to 'pilot judgments'; 5. A case study of pilot judgments: the Hutten-Czapska saga; 6. Piercing the veil of the State; 7. Pilots and semi-pilots
8. Is the European Court of Human Rights truly constitutional?Conclusion; 2. Fundamental Rights and EU Enlargement; 1. Introduction: the ascendance of rights in an enlarged EU; 2. The EU Charter and human rights conditionality; 3. CEE candidate states and the Charter; 4. The sovereignty conundrum and the Charter; 4.1 The sovereignty conundrum and nationalism; 4.2 The sovereignty conundrum and constitutional doctrine; 4.3 Rights, the Charter, and public concerns about sovereignty; 4.4 Central and Eastern Europe and the 'British protocol'; 4.5 The EU as a human rights-based polity
5. Monitoring and sanctioning: the Article 7 mechanism and EU enlargement5.1 On the road to Amsterdam; 5.2 The Haider affair and the road to Nice; 5.3 Towards a Fundamental Rights Agency and the road to Lisbon; Conclusion; 3. Return of the Solange Ghost: the Supremacy of EU Law and the Democracy Paradox; 1. Introduction: the Solange story, West and East; 2. Solange in Central Europe: three decisions, three strategies; 2.1 The Court as a guardian of EU powers (Czech Republic); 2.2 Scrutinizing only national law, not the EU's law (Hungary)
2.3 The EU as an international organization, 'So what's the problem?' (Poland)3. The other side of the coin: the EU as a source of democratic argument in constitutional adjudication; 4. Two faces of supremacy and two approaches to 'chapter 3 of Solange'; Conclusion; 4. The EU and Constitutional Democracy in New Member States; 1. Introduction: EU accession as a shield for democracy; 2. Political conditionality; 2.1 Before the accession; 2.2 After the accession; 3. Impact of political conditionality: case studies; 3.1 The role of parliaments; 3.2 Regionalization and decentralization
3.3 Minority rights3.4 Ombudsman; Conclusion; Conclusions: European Constitutional Synergies; Bibliography; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; R; S; T; U; V; W; X; Y; Z
- Description based upon print version of record.
Includes bibliographical references and index.
Description based on online resource; title from PDF title page (viewed on Aug. 13, 2012).
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