Supremacy of EU law and the jurisprudence of constitutional reservations in Central Eastern Europe and the Western Balkans: Towards a holistic constitutionalism
Title: Supremacy of EU law and the jurisprudence of constitutional reservations in Central Eastern Europe and the Western Balkans: Towards a holistic constitutionalism
Author: PIQANI, Darinka
Series/Number: EUI PhD theses; Department of Law
The thesis explores how the principle of supremacy of EU law has been construed by the case law of constitutional courts of new member states in Central and Eastern Europe (CEE). The thesis analyzes the jurisprudence of constitutional reservations against the background of CEE countries as political entities with a regained sense of nationhood, ethnos and sovereignty and, in the light of a pattern of powerful and activist constitutional courts which have appeared willing to engage in domestic sensitive issues. Then, the interaction between national (constitutional) law and EU is transferred in the context of pre-accession adaptations in the Western Balkans, by analyzing the path towards Europe of Croatia and Albania. The thesis suggests that the jurisprudence of constitutional reservations in CEE often replicates that of other powerful constitutional courts in old member states, although it appears to be more receptive and less sceptical towards the unconditional supremacy of EU law. The thesis puts forward the idea of 'holistic constitutionalism' understood as the full commitment of national and EU institutions in achieving the aims of European integration on the basis of the treaty mechanisms, substantive guarantees and the common constitutional principles which are at place in Europe. The share responsibility of integration and adherence to common agreed constitutional principles among political actors, national governments, national parliaments, EU institutions and national (constitutional) courts would lead towards a less conflictual relationship between EU law and national constitutional law.
Defense date: 11/06/2010; Examining Board: Monica CLAES (University of Tilburg), Bruno DE WITTE (EUI), Wojciech SADURSKI (Supervisor, former EUI and University of Sydney), Marek SAFJAN (European Court of Justice, Luxembourg)
Files in this item
There are no files associated with this item.