National constitutional courts in the European constitutional democracy: A reply to Jan Komárek

Deutscher, Elias; Mair, Sabine

doi:10.1093/icon/mox065

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Having two variables in a mind-(1) the decentralised applicability of the Charter, and (2) human rights review as the traditional domain of constitutional justice-we logically come to the problem of examining the impact of the Charter on the activities and decisions of national constitutional courts. Of course, we are aware of ongoing (and open) academic discussions on the role of constitutional courts in relation to the application and enforcement of EU law, and the Charter, in particular (Komárek, 2005;Dani, 2017;Deutscher & Mair, 2017). These discussions are essentially a continuation of the debate on constitutional pluralism within the EU and are based on the defence/rejection of the thesis of the autonomous coexistence of national and supranational constitutional arrangements.…”

Section: Introduction: Reflection Of the Charter As A Matter Of Factmentioning

confidence: 99%

Keeping Safe Distance: Chapters from Randomised (Non)Application of the EU Charter of Fundamental Rights before Polish Constitutional Tribunal

Kustra-Rogatka

Hamuľák

2019

Baltic Journal of European Studies

View full text Add to dashboard Cite

The question of the application and impact of the Charter of Fundamental Rights of the EU (‘Charter’) in quotidian practice of human rights protection and review is a strategic one. Given the predominantly decentralised effects of EU law and with the due account to the wide interpretation of the scope of the Charter’s application (Art. 51(1)) presented by the CJEU (C-617/10 Fransson), the national dimension of the application of the Charter forms the crucial issue for the functioning of the EU system of fundamental rights protection. The Charter itself has a big potential to influence the content, nature and mechanisms of the fundamental rights protection at the national level. The present paper focuses on this phenomena in connection to the case-law, opinions and workload of the Polish Constitutional Tribunal (‘TK’). It analyses the approach of TK towards the Charter in abstract manner as well as the (non)appearance of the Charter in the reasoning of the court in concrete cases. The article reports on the main cases and analyses the reasons of the aloof approach of the TK towards the EU human rights catalogue.

show abstract

Section: Introduction: Reflection Of the Charter As A Matter Of Factmentioning

confidence: 99%

Keeping Safe Distance: Chapters from Randomised (Non)Application of the EU Charter of Fundamental Rights before Polish Constitutional Tribunal

Kustra-Rogatka

Hamuľák

2019

Baltic Journal of European Studies

View full text Add to dashboard Cite

show abstract

National constitutional courts in the European constitutional democracy: A reply to Jan Komárek

Cited by 1 publication

References 0 publications

Keeping Safe Distance: Chapters from Randomised (Non)Application of the EU Charter of Fundamental Rights before Polish Constitutional Tribunal

Keeping Safe Distance: Chapters from Randomised (Non)Application of the EU Charter of Fundamental Rights before Polish Constitutional Tribunal

Contact Info

Product

Resources

About