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Constitutional Crisis in the European Constitutional Area de ARMIN VON BOGDANDY

Constitutional Crisis in the European Constitutional Area: Kooperationswerke Beck - Hart - Nomos

Editat de ARMIN VON BOGDANDY, Pál Sonnevend
en Limba Engleză Hardback – 31 ian 2015
The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop serious deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitution s. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little studied aspect of European constitutionalism.
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Specificații

ISBN-13: 9783848719969
ISBN-10: 3848719967
Pagini: 390
Dimensiuni: 167 x 243 x 30 mm
Greutate: 0.75 kg
Ediția:1. Auflage.
Editura: Nomos Verlagsgesellschaft
Seria Kooperationswerke Beck - Hart - Nomos

Caracteristici

The book offers an account of the different reaction mechanisms of the European Union and the Council of Europe, exploring their legal and political frameworks as well as different ways to extend their reach.

Notă biografică

Armin von Bogdandy is Director at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg.Pál Sonnevend is Vice Dean for international relations of the Faculty of Law of ELTE, Budapest.

Cuprins

I. Setting the SceneThe New Basic Law of Hungary1. The Rise and Decline of Constitutional Culture in Hungary László Sólyom2. The Constitution as an Instrument of Everyday Party Politics: The Basic Law of Hungary Pál Sonnevend, András Jakab and Lóránt Csink3. Understanding Hungary's Constitutional Revolution Kim Lane Scheppele4. Context, Rules and Praxis of the New Hungarian Media Laws: How Does the Media Law Affect the Structure and Functioning of Publicity? Gábor PolyákIssues of Constitutionality in Romania5. Separation of Powers and the Rule of Law in Romania: The Crisis in Concepts and Contexts Bogdan Iancu6. Romania in the European Union: Political Developments and the Rule of Law after Accession Cosmina TanasoiuII. Instruments for Maintaining Constitutionalism in EuropeSystemic Deficiencies in the Rule of Law and the European Union7. Enforcing the EU Charter of Fundamental Rights in Member States: How Far are Rome, Budapest and Bucharest from Brussels? Frank Hoffmeister8. A European Response to Domestic Constitutional Crisis: Advancing the Reverse-Solange Doctrine Armin von Bogdandy, Carlino Antpöhler, Johanna Dickschen,Simon Hentrei, Matthias Kottmann and Maja SmrkoljThe Role of the European Convention on Human Rights9. The European Convention on Human Rights: Inherent Constitutional Tendencies and the Role of the European Court of Human Rights Christoph Grabenwarter10. Central and Eastern European Member States of the EU and the European Convention on Human Rights Mahulena Hofmann11. The Role of the Venice Commission in Maintaining the Rule of Law in Hungary and in Romania Joakim NergeliusTheories of Limits of the Constitution-Making Power12. What Legitimises a National Constitution? On the Importance of International Embedding Matthias Hartwig13. Convention Rights as Minimum Constitutional Guarantees? The Conflict between Domestic Constitutional Law and the European Convention on Human Rights Tilmann Altwicker14. The Unconstitutional Constitution: A Timely Concept Catherine Dupré

Recenzii

This volume describes the complex reality of the European Constitutional Institutions under a new light.
The uniqueness of the reviewed collective publication is in bringing together scholars commenting on not-so-well known aspects of Hungarian and Romanian crises, uncovering the events in domestic political arena

Descriere

Descriere de la o altă ediție sau format:
This book assesses developments in Hungary and Romania and the reaction of national, international and European constitutionalism to the flaws in national constitutions. It also offers also examines the reaction mechanisms of the EU and Council of Europe.