Central European constitutional courts in the face of EU membership : the influence of the German model in Hungary and Poland / / by Allan F. Tatham.

• Superior document: Constitutional law library ; v. 6
• Author: Tatham, Allan F.
• Year of Publication: 2013
• Language: English
• Series: Constitutional law library ; v. 6.
• Physical Description: 1 online resource (433 p.)
• Notes: Description based upon print version of record.

Central European Constitutional Courts in the Face of EU Membership explores the enduring German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on its counterparts in Hungary and Poland. Such a model aims to protect Germany’s constitutional identity or essential core of sovereignty, the contents of which are not susceptible to transfer or limitation, in the face of the requirements of the Union’s constitutional legal order. The influence of this model on the two Central European courts has encouraged them to take an active part in negotiating the new multilayered judicial construct of Europe. Tatham thus firmly places the Hungarian and Polish constitutional courts within the overall context of the continuing dialogue between national courts and the Court of Justice in the evolution of the European constitutional space.

Table of Contents

Preliminary Material -- Introduction -- The General EU Constitutional Context -- The Predominance of the German Model in Central Europe: Migrations of Legal and Constitutional Ideas -- The German Federal Constitutional Court and European Law: A Case of “Thus Far, and No Further”? -- The Hungarian Constitutional Court and European Law: A Case of “Slow and Steady Wins the Race”? -- The Polish Constitutional Tribunal and European Law: A Case of “Sovereignty Regained”? -- Conclusion -- Bibliography -- Index.