Pub Date : 2023-01-19DOI: 10.1017/S1574019622000396
Aleksandra Gliszczyńska-Grabias, W. Sadurski
The application submitted by Prime Minister Mateusz Morawiecki to the Constitutional Tribunal, in which he challenged the legality of the European Court of Justice judgments inconvenient to the current Polish government, came at a time when, after months (or even years) of wavering and hesitation, the EU finally began to enforce the Polish government’s compliance with EU law and principles. The ‘judgment’ of the Constitutional Tribunal was handed down with an uncharacteristic (for the Constitutional Tribunal these days) speed on 7 October 2021. In contrast, disclosure of full reasons for the decision has suffered unusual delay: as a matter of fact, they have not been published even as this Case Note is prepared for publication (see n. 7 below). (It is important to note that these proceedings have been invalid from the beginning, due to the incorrect composition of the judges’ panel, as explained below, in the opening paragraph of the next part of this Case Note.) Polish and other European lawyers were
{"title":"Is It Polexit Yet? Comment on Case K 3/21 of 7 October 2021 by the Constitutional Tribunal of Poland","authors":"Aleksandra Gliszczyńska-Grabias, W. Sadurski","doi":"10.1017/S1574019622000396","DOIUrl":"https://doi.org/10.1017/S1574019622000396","url":null,"abstract":"The application submitted by Prime Minister Mateusz Morawiecki to the Constitutional Tribunal, in which he challenged the legality of the European Court of Justice judgments inconvenient to the current Polish government, came at a time when, after months (or even years) of wavering and hesitation, the EU finally began to enforce the Polish government’s compliance with EU law and principles. The ‘judgment’ of the Constitutional Tribunal was handed down with an uncharacteristic (for the Constitutional Tribunal these days) speed on 7 October 2021. In contrast, disclosure of full reasons for the decision has suffered unusual delay: as a matter of fact, they have not been published even as this Case Note is prepared for publication (see n. 7 below). (It is important to note that these proceedings have been invalid from the beginning, due to the incorrect composition of the judges’ panel, as explained below, in the opening paragraph of the next part of this Case Note.) Polish and other European lawyers were","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2023-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49478972","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 : 2022-12-01DOI: 10.1017/S1574019622000414
A. Bailleux
Difference between social science analyses of law and legal analyses – Theatre metaphor to understand the difference – Internal and external points of view – Necessity for legal analysis to use materials lying outside the classical pyramid of formal sources – Overview of the spectrum of legal research – Legally relevant texts and practices – Interdisciplinary approaches to law and lawyers’ disciplinary edge.
{"title":"From the Stage to the High Seas: Concluding Thoughts on the Present and Future of EU Legal Studies","authors":"A. Bailleux","doi":"10.1017/S1574019622000414","DOIUrl":"https://doi.org/10.1017/S1574019622000414","url":null,"abstract":"Difference between social science analyses of law and legal analyses – Theatre metaphor to understand the difference – Internal and external points of view – Necessity for legal analysis to use materials lying outside the classical pyramid of formal sources – Overview of the spectrum of legal research – Legally relevant texts and practices – Interdisciplinary approaches to law and lawyers’ disciplinary edge.","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48434856","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 : 2022-12-01DOI: 10.1017/s1574019622000487
{"title":"ECL volume 18 issue 4 Cover and Back matter","authors":"","doi":"10.1017/s1574019622000487","DOIUrl":"https://doi.org/10.1017/s1574019622000487","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48796310","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 : 2022-12-01DOI: 10.1017/S1574019622000438
Joana Mendes
Functional comparison of administrative laws – Development of EU administrative law based on a state-matrix of general principles – Jürgen Schwarze’s approach – Choices of object, objectives, method, assumptions and normative implications – Structural features of the EU administration versus the binary liberty-authority of core principles of national administrative law – Liberal normativist approach – Contemporary critical examination of the legacy of comparative administrative law
{"title":"The Foundations of EU Administrative Law as a Scholarly Field: Functional Comparison, Normativism and Integration","authors":"Joana Mendes","doi":"10.1017/S1574019622000438","DOIUrl":"https://doi.org/10.1017/S1574019622000438","url":null,"abstract":"Functional comparison of administrative laws – Development of EU administrative law based on a state-matrix of general principles – Jürgen Schwarze’s approach – Choices of object, objectives, method, assumptions and normative implications – Structural features of the EU administration versus the binary liberty-authority of core principles of national administrative law – Liberal normativist approach – Contemporary critical examination of the legacy of comparative administrative law","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45836640","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 : 2022-12-01DOI: 10.1017/S1574019622000402
Anna Beckers
Private actors as non-institutional, and therefore often overlooked, participants in EU legal processes – A specific focus on their role as private regulators – Private actors such as companies, contracting parties and industry associations, play a pivotal regulatory role in the EU legal order – Classifying the existing legal research on private regulation – A legal-doctrinal approach towards private regulation also needed – Theoretical background of a novel legal-doctrinal perspective on private actors – Addressing the most pressing practical methodological challenges – Specific focus on the problem of accessibility and the difficulty of understanding and interpreting private regulation doctrinally
{"title":"EU Law’s Dark Private Legal Space: Researching Private Regulators and the Importance of Legal Doctrine","authors":"Anna Beckers","doi":"10.1017/S1574019622000402","DOIUrl":"https://doi.org/10.1017/S1574019622000402","url":null,"abstract":"Private actors as non-institutional, and therefore often overlooked, participants in EU legal processes – A specific focus on their role as private regulators – Private actors such as companies, contracting parties and industry associations, play a pivotal regulatory role in the EU legal order – Classifying the existing legal research on private regulation – A legal-doctrinal approach towards private regulation also needed – Theoretical background of a novel legal-doctrinal perspective on private actors – Addressing the most pressing practical methodological challenges – Specific focus on the problem of accessibility and the difficulty of understanding and interpreting private regulation doctrinally","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42970173","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 : 2022-12-01DOI: 10.1017/S1574019622000426
Robin Gadbled, E. Muir
Introduction to the special section – Actors of EU law – Activities of EU actors – Role definition in EU constitutional law – Constitutional theory – Separation of powers –Relationship between public authorities and individuals – Institutional actors – Private actors – Lobbyists – Law and practice – Legal doctrine – Research methods in EU law – Importance of theoretical frameworks in defining the parameters of legal research
{"title":"Actors and Roles in EU Law: Asking ‘Who Does What?’ in the European Union Legal System","authors":"Robin Gadbled, E. Muir","doi":"10.1017/S1574019622000426","DOIUrl":"https://doi.org/10.1017/S1574019622000426","url":null,"abstract":"Introduction to the special section – Actors of EU law – Activities of EU actors – Role definition in EU constitutional law – Constitutional theory – Separation of powers –Relationship between public authorities and individuals – Institutional actors – Private actors – Lobbyists – Law and practice – Legal doctrine – Research methods in EU law – Importance of theoretical frameworks in defining the parameters of legal research","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48883682","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 : 2022-12-01DOI: 10.1017/S1574019622000384
Emilia Korkea‐aho
Putting ‘lobbyists’ and ‘lobbying’ on the EU law map – acknowledging that there is little interest in lobbying by EU legal research – explaining why EU lawyers and especially constitutional law scholars should be interested in lobbying – presenting a framework to study lobbyists as regulated actors under EU law – considering the merits of ethnographically-oriented socio-legal research and the ‘new legal realism’ as methods of studying lobbyists and lobbying.
{"title":"No Longer Marginal? Finding a Place for Lobbyists and Lobbying in EU Law Research","authors":"Emilia Korkea‐aho","doi":"10.1017/S1574019622000384","DOIUrl":"https://doi.org/10.1017/S1574019622000384","url":null,"abstract":"Putting ‘lobbyists’ and ‘lobbying’ on the EU law map – acknowledging that there is little interest in lobbying by EU legal research – explaining why EU lawyers and especially constitutional law scholars should be interested in lobbying – presenting a framework to study lobbyists as regulated actors under EU law – considering the merits of ethnographically-oriented socio-legal research and the ‘new legal realism’ as methods of studying lobbyists and lobbying.","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46643914","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 : 2022-12-01DOI: 10.1017/s1574019622000475
{"title":"ECL volume 18 issue 4 Cover and Front matter","authors":"","doi":"10.1017/s1574019622000475","DOIUrl":"https://doi.org/10.1017/s1574019622000475","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49455580","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 : 2022-12-01DOI: 10.1017/S1574019622000347
Rafael Bustos Gisbert
Judicial independence in the context of rule of law backsliding – a systematisation of case law from the Court of Justice and the European Court of Human Rights – classic dimensions of objective and subjective independence of judges – a new third dimension: the right of judges to their own independence as final safeguard
{"title":"Judicial Independence in European Constitutional Law","authors":"Rafael Bustos Gisbert","doi":"10.1017/S1574019622000347","DOIUrl":"https://doi.org/10.1017/S1574019622000347","url":null,"abstract":"Judicial independence in the context of rule of law backsliding – a systematisation of case law from the Court of Justice and the European Court of Human Rights – classic dimensions of objective and subjective independence of judges – a new third dimension: the right of judges to their own independence as final safeguard","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42053216","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 : 2022-12-01DOI: 10.1017/S157401962200044X
B. de Witte
Methodological choices in the legal study of the role of EU institutions – The so-called doctrinal legal method is appropriate, provided that it includes the analysis of key elements of non-legal institutional practice – Simple distinction between the study of ‘law in the books’ and that of ‘law in action’ to be qualified – Doctrinal legal scholarship is meaningful only when it acknowledges and incorporates a certain amount of ‘law in action’
{"title":"Legal Methods for the Study of EU Institutional Practice","authors":"B. de Witte","doi":"10.1017/S157401962200044X","DOIUrl":"https://doi.org/10.1017/S157401962200044X","url":null,"abstract":"Methodological choices in the legal study of the role of EU institutions – The so-called doctrinal legal method is appropriate, provided that it includes the analysis of key elements of non-legal institutional practice – Simple distinction between the study of ‘law in the books’ and that of ‘law in action’ to be qualified – Doctrinal legal scholarship is meaningful only when it acknowledges and incorporates a certain amount of ‘law in action’","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47128495","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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