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The Common European Constitutional Culture

Its Sources, Limits and Identity

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Roman Hauser, Marek Zirk-Sadowski and Bartosz Wojciechowski

The authors focus on the interrelations between the sense of individual identity and the sense of national identity. Their aim is to find a common European legal culture. The processes of Europeanization have been proceeding on the legal level, wherein the CJEU took a prominent role, and on the level of intergovernmental decision-making. In the aftermath, the EU may be comprehended in terms of the rights-based union and problem-solving entity although the emergence of the values-based community has been stymied and the transnational public spheres are rather thin. This caused a democratic deficit and provoked debates about the EU as a post-democratic polity. There are disputes whether this oddity of the EU indicates its nobility or perversion. But the fact remains that the Eurocitizens in their post-sovereign states became lost in the Hegelian extreme terms of the universal-formal rights. Their individual interests made them especially exposed to the shocks of the economic crisis. This makes it necessary to address the issue of the common European constitutional culture.
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The Place of the Case-law of the Administrative Courts in the System of the Constitutional Control of the Activities of Public Administration

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Abstract: According to the Constitution, one of the standards of the rule of law is an institutionally developed system of control. The existence of the control of state activities and its bodies, is a prerequisite for the protection of the individual. In the rule of law, in addition to the institutions established specifically to exert control over the compliance with law by certain state authorities, the aspect of lawful activities is taken into account when performing other forms of parliamentary, political or social control. The article discusses a particular importance which from the perspective of the rule of law should be attached to the institution of the control of the activities of public administration, especially the control of the compliance with law. It is argued that administrative courts undoubtedly contribute to a real and effective control from the point of view of compliance with law, thus eliminating the arbitrariness of administrative settlements as well as the inaction or excessive length of administrative proceedings, while defending the interests of man and citizen.

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