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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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European Constitutional Culture and Civil Procedure

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Abstract: – I. Preliminary remarks. – II. The Fundamental Law of Hungary (FLH) in the common European constitutional culture and some FLH-dominated parts of civil procedural law. – III. Some constitutional influence on the new Hungarian Civil Code (HCC) and the relevant morals of its codification. – IV. The Constitutional Court of Hungary (CCH) on the Hungarian Code of Civil Procedure (HCCP) in force: A short ‘historical’ approach. – V. The methods and purposes of the re-codification of the HCCP and the organizational structure of its proceeding. – VI. The triangular interdependence among the FLH, the social expectations on and the characteristics of the future HCCP. (1) The major questions and correlations. (2) The rules of the FLH, which define the designation of the civil process. (3) The FLH-based, profound demands of the society on the civil process. (4) The designation (purpose, goal) of the civil process. – VII. The duties of courts determined by the constitutionally defined designation of the civil process. (1) The questions of double-codification along with the FLH: its redundant and its necessary ways. (2) The settlement of disputes and its manner as the duty of court based on the constitutional purpose of the civil process. – VIII. Some remarks on the court system and on the legal remedies. (1) A preliminary aperçu on the work performed. (2) (a) The court system of four levels. (b) The relocation (transfer) of cases of highest priority by designation of the court in charge. (c) The constitutional questions of joint adjudication.

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