Central European Constitutional Courts in the Face of EU Membership

Allan F. Tatham, Ph.D. (2011), University of Leiden, lectures on EU law at CEU San Pablo University, Madrid. Formerly assistant professor Pázmány Péter Catholic University, Budapest. He has published extensively on EU enlargement and law harmonization.

Those teaching and researching European and comparative public law at postgraduate level, together with institutes, libraries at universities and superior and constitutional courts will find this volume useful and informative.

Acknowledgments; Permissions; Table of Cases Cited; Table of Legislation Construed; Abbreviations;
Introduction:
A. Objectives of Research;
B. Methodology of the Research;
C. Structure of the Research;
Chapter One: The General EU Constitutional Context
Background;
A. Judicial Construction of the EU Constitution;
B. Framework for Constitutional Court Reticence vis-à-vis European Integration;
C. Transjudicial Communication in the EU;
D. Conclusion;
Chapter Two:The Predominance of The German Model in Central Europe: Migrations of Legal and Constitutional Ideas
Background;
A. Relevant Legal Models for Central Europe;
B. Relevancy of the German Model in Central Europe;
C. Conclusion;
Chapter Three:The German Federal Constitutional Court and European Law: A Case of “Thus Far, and No Further”?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Constitutional Court Acceptance;
F. Concluding Observations;
Chapter Four:The Hungarian Constitutional Court and European Law:
A Case Of “Slow And Steady Wins The Race”?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Constitutional Court Acceptance;
F. Concluding Observations;
Chapter Five: The Polish Constitutional Tribunal and European Law:
A Case of “Sovereignty Regained”?
Background;
A. Constitutional Review;
B. Essential Core of Sovereignty;
C. Transfers of Sovereignty and European Integration;
D. National Constitutional Court Acceptance;
E. Limits to National Court Acceptance;
F. Concluding Observations;
Chapter Six: Conclusion
A. Overall Context of the Conclusion;
B. The Issue of Constitutional Pluralism for Constitutional Courts: The Current Situation Explained?;
C. A Controversial Proposal;
D. Final Remarks;
Bibliography; Index.