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Law, Politics, and the Constitution

New Perspectives from Legal and Political Theory

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Edited By Antonia Geisler, Michael Hein and Siri Hummel

The fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.
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‘Solange, Chapter 5?’ The Law of the European Union and the Sovereignty in Rulings of the Constitutional Courts in Central Europe

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Mariusz Jerzy Golecki

Abstract

Recent developments in the law of European Union raised the question concerning the scope of application and the meaning of the principle of primacy within the context of judicial rulings. The enactment of the Treaty on Functioning of the European Union resulted in many judgements of constitutional courts in some member states in which the concept of sovereignty and the doctrine of sovereign powers play an important role. The application of this concept seems to be significant not in national legal discourses pertaining to the constitutional law, but also for the prospective development of the European legal order. The chapter will thus concentrate on two issues, namely on the difference between the meaning of the concept of sovereignty and its application by different constitutional courts in different member states, and on the theoretical foundations of the potential solution to the problem of comprehensive application of the primacy principle throughout the member states.

Recent developments in the EU law have raised the question concerning the scope of application and meaning of the principle of superiority within the context of judicial rulings. The enactment of the Treaty on Functioning of the European Union resulted in many judgements of national courts in some member states in which the concept of sovereignty plays an important role. The application of this concept seems to be significant in national legal discourses pertaining to the constitutional law. This chapter will thus concentrate on two issues: first, the...

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