Pub Date : 2023-09-08DOI: 10.1017/s1574019623000160
Kas de Goede
{"title":"The Janus-Faced Nature of the Executive","authors":"Kas de Goede","doi":"10.1017/s1574019623000160","DOIUrl":"https://doi.org/10.1017/s1574019623000160","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48233211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1017/S1574019623000123
Lidia Bonifati
Constitutional design – Constitutional degradation – Power sharing – The rule of law – Constitutionalism – Constitution making – Constitutional transition – Divided societies – Role of internal diversity – Bosnia-Herzegovina – Inherent degradation – Dynamic degradation – European Court of Human Rights – Sejdić and Finci – Constitutional Court of Bosnia-Herzegovina – Compliance issues with court judgments – Repression of the public sphere – Electoral discrimination of national minorities – High Representative – Lack of local ownership
{"title":"Constitutional Design and the Seeds of Degradation in Divided Societies: The Case of Bosnia-Herzegovina","authors":"Lidia Bonifati","doi":"10.1017/S1574019623000123","DOIUrl":"https://doi.org/10.1017/S1574019623000123","url":null,"abstract":"Constitutional design – Constitutional degradation – Power sharing – The rule of law – Constitutionalism – Constitution making – Constitutional transition – Divided societies – Role of internal diversity – Bosnia-Herzegovina – Inherent degradation – Dynamic degradation – European Court of Human Rights – Sejdić and Finci – Constitutional Court of Bosnia-Herzegovina – Compliance issues with court judgments – Repression of the public sphere – Electoral discrimination of national minorities – High Representative – Lack of local ownership","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46376959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1017/S1574019623000093
Mohor Fajdiga, Saša Zagorc
Freedom of expression of judges – ‘Chilling effect’ of measures taken against judges (and prosecutors) – Silence or modification of speech – Rule of law crisis – ‘Chilling effect’ as one of the circumstances determining the proportionality of an interference with freedom of expression – Flexible approach in determining the sources of the ‘chilling effect’ – Little attention devoted by the Court to the quality of legislative enactment – Measures may not have imminent repercussions for a given judge, may be light, and may take the form of a threat – ‘Chilling effect’ may extend from one legal profession to another – ‘Chilling effect’ explains why the Court affords greater protection of freedom of expression to prominent judges – Greater consistency in the Court’s application of the ‘chilling effect’ argument would be welcome – First step of an ambitious research quest to determine whether judges feel free to express their opinions, or live in a state of feardom.
{"title":"Freedom or Feardom of Expression of Judges? Exploring the ‘Chilling Effect’ on Judicial Speech","authors":"Mohor Fajdiga, Saša Zagorc","doi":"10.1017/S1574019623000093","DOIUrl":"https://doi.org/10.1017/S1574019623000093","url":null,"abstract":"Freedom of expression of judges – ‘Chilling effect’ of measures taken against judges (and prosecutors) – Silence or modification of speech – Rule of law crisis – ‘Chilling effect’ as one of the circumstances determining the proportionality of an interference with freedom of expression – Flexible approach in determining the sources of the ‘chilling effect’ – Little attention devoted by the Court to the quality of legislative enactment – Measures may not have imminent repercussions for a given judge, may be light, and may take the form of a threat – ‘Chilling effect’ may extend from one legal profession to another – ‘Chilling effect’ explains why the Court affords greater protection of freedom of expression to prominent judges – Greater consistency in the Court’s application of the ‘chilling effect’ argument would be welcome – First step of an ambitious research quest to determine whether judges feel free to express their opinions, or live in a state of feardom.","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47746130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1017/S1574019623000111
E. Kuskonmaz
=3699386, visited 21 June 2023. The Grand Gala of PNR Litigations 307
=3699386，访问时间为2023年6月21日。PNR诉讼盛典307
{"title":"The Grand Gala of PNR Litigations: Case C-817/19, Ligue des droits humains v Conseil des ministers","authors":"E. Kuskonmaz","doi":"10.1017/S1574019623000111","DOIUrl":"https://doi.org/10.1017/S1574019623000111","url":null,"abstract":"=3699386, visited 21 June 2023. The Grand Gala of PNR Litigations 307","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42668649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1017/S157401962300010X
Giacomo Di Federico, Giuseppe Martinico
What is the scope of application of Article 4(2) TEU? What is the relationship between the duty to respect national identity and the obligation to respect linguistic diversity, including speaking minorities within the Member States? In this case note, we will analyse the Boriss Cilevičs case, in which the Court of Justice gave a response to these questions that is in many ways both unclear and problematic. There are three aspects that, in our opinion, make this Court of Justice judgment particularly interesting. First, it is a ruling that shows the progressive involvement of national constitutional courts in the mechanism of the preliminary ruling procedure governed by Article 267 TFEU. The second reason that makes the case interesting concerns the use of Article 4(2) TEU on the duty to respect national identity.1
{"title":"Official Languages, National Identities and the Protection of Minorities: A Complex Legal Puzzle","authors":"Giacomo Di Federico, Giuseppe Martinico","doi":"10.1017/S157401962300010X","DOIUrl":"https://doi.org/10.1017/S157401962300010X","url":null,"abstract":"What is the scope of application of Article 4(2) TEU? What is the relationship between the duty to respect national identity and the obligation to respect linguistic diversity, including speaking minorities within the Member States? In this case note, we will analyse the Boriss Cilevičs case, in which the Court of Justice gave a response to these questions that is in many ways both unclear and problematic. There are three aspects that, in our opinion, make this Court of Justice judgment particularly interesting. First, it is a ruling that shows the progressive involvement of national constitutional courts in the mechanism of the preliminary ruling procedure governed by Article 267 TFEU. The second reason that makes the case interesting concerns the use of Article 4(2) TEU on the duty to respect national identity.1","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46028157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1017/s1574019623000147
{"title":"ECL volume 19 issue 2 Cover and Back matter","authors":"","doi":"10.1017/s1574019623000147","DOIUrl":"https://doi.org/10.1017/s1574019623000147","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48744867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1017/S1574019623000081
Joan Solanes Mullor
Judicial independence as a European constitutional principle – Freedom of expression of judges in connection with judicial independence – Rule of law backsliding – Catalan secession crisis – Spanish Constitutional Court disqualification doctrine of magistrates – Freedom of expression of judges in favour of the Catalan secessionist movement – Spanish soft law on judicial independence
{"title":"Spain, Judicial Independence, and Judges’ Freedom of Expression: Missing an Opportunity to Leverage the European Constitutional Shift?","authors":"Joan Solanes Mullor","doi":"10.1017/S1574019623000081","DOIUrl":"https://doi.org/10.1017/S1574019623000081","url":null,"abstract":"Judicial independence as a European constitutional principle – Freedom of expression of judges in connection with judicial independence – Rule of law backsliding – Catalan secession crisis – Spanish Constitutional Court disqualification doctrine of magistrates – Freedom of expression of judges in favour of the Catalan secessionist movement – Spanish soft law on judicial independence","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46157878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1017/s1574019623000135
{"title":"ECL volume 19 issue 2 Cover and Front matter","authors":"","doi":"10.1017/s1574019623000135","DOIUrl":"https://doi.org/10.1017/s1574019623000135","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43205744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.1017/S1574019623000068
V. Kosta
Elise Muir lets us know early on that her book ‘is less an essay on equality law than an enquiry into the way a supranational organization, such as the EU, develops a fundamental rights policy’.1 Equality law is chosen as the ‘case study’2 from which wider lessons will be drawn.3 Muir puts forward two main arguments in this book which can be summarised as follows: first, creating a fundamental rights policy such as that on equal treatment through legislation based on a distinct legal basis understood as giving specific expression to a fundamental right ‘creates a significant risk of over-constitutionalisation’.4 That means the political debate on the definition of fundamental rights is limited5 because such definition is too closely tied to primary law (the constitutional version of the right). Second, Muir deals with what she calls the ‘governance’ of EU equality law in domestic spheres. She maps the governance ‘infrastructure’ as set up by secondary legislation
{"title":"Investigating Lessons for the EU’s Fundamental Rights Policies","authors":"V. Kosta","doi":"10.1017/S1574019623000068","DOIUrl":"https://doi.org/10.1017/S1574019623000068","url":null,"abstract":"Elise Muir lets us know early on that her book ‘is less an essay on equality law than an enquiry into the way a supranational organization, such as the EU, develops a fundamental rights policy’.1 Equality law is chosen as the ‘case study’2 from which wider lessons will be drawn.3 Muir puts forward two main arguments in this book which can be summarised as follows: first, creating a fundamental rights policy such as that on equal treatment through legislation based on a distinct legal basis understood as giving specific expression to a fundamental right ‘creates a significant risk of over-constitutionalisation’.4 That means the political debate on the definition of fundamental rights is limited5 because such definition is too closely tied to primary law (the constitutional version of the right). Second, Muir deals with what she calls the ‘governance’ of EU equality law in domestic spheres. She maps the governance ‘infrastructure’ as set up by secondary legislation","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46907951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-03DOI: 10.1017/S157401962300007X
Alejandro Sánchez Frías
One of the main objectives of the dialogue between the European Court of Justice and national courts and tribunals is, therefore, to ensure the uniform interpretation of EU law among member states. But are there also any uniform criteria regarding what a ‘court or tribunal’ is for the purpose of engaging in a dialogue with the European Court of Justice? Or is the application of Article 267 TFEU left completely to what individual member states label in their national orders as a ‘court or tribunal’? As we shall see in the first part of this study, this problem is not new, but it is clear from the case law of the past six decades that the European Court of Justice
{"title":"A New Presumption for the Autonomous Concept of ‘Court or Tribunal’ in Article 267 TFEU","authors":"Alejandro Sánchez Frías","doi":"10.1017/S157401962300007X","DOIUrl":"https://doi.org/10.1017/S157401962300007X","url":null,"abstract":"One of the main objectives of the dialogue between the European Court of Justice and national courts and tribunals is, therefore, to ensure the uniform interpretation of EU law among member states. But are there also any uniform criteria regarding what a ‘court or tribunal’ is for the purpose of engaging in a dialogue with the European Court of Justice? Or is the application of Article 267 TFEU left completely to what individual member states label in their national orders as a ‘court or tribunal’? As we shall see in the first part of this study, this problem is not new, but it is clear from the case law of the past six decades that the European Court of Justice","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44533867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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