The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop serious deficiencies.The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitution s. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little studied aspect of European constitutionalism.
The Rise and Decline of Constitutional Culture in Hungary No access Pages 14 - 45
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The Constitution as an Instrument of Everyday Party Politics: The Basic Law of Hungary No access Pages 46 - 123
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Understanding Hungary’s Constitutional Revolution No access Pages 124 - 137
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Context, Rules and Praxis of the New Hungarian Media Laws: How Does the Media Law Affect the Structure and Functioning of Publicity? No access Pages 138 - 163
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Separation of Powers and the Rule of Law in Romania: The Crisis in Concepts and Contexts No access Pages 164 - 183
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Romania in the European Union: Political Developments and the Rule of Law after Accession No access Pages 184 - 203
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Enforcing the EU Charter of Fundamental Rights in Member States: How Far are Rome, Budapest and Bucharest from Brussels? No access Pages 204 - 247
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A European Response to Domestic Constitutional Crisis: Advancing the Reverse-Solange Doctrine No access Pages 248 - 267
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The European Convention on Human Rights: Inherent Constitutional Tendencies and the Role of the European Court of Human Rights No access Pages 268 - 287
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Central and Eastern European Member States of the EU and the European Convention on Human Rights No access Pages 288 - 303
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The Role of the Venice Commission in Maintaining the Rule of Law in Hungary and in Romania No access Pages 304 - 321
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What Legitimises a National Constitution? On the Importance of International Embedding No access Pages 322 - 343
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Convention Rights as Minimum Constitutional Guarantees? The Conflict between Domestic Constitutional Law and the European Convention on Human Rights No access Pages 344 - 363
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The Unconstitutional Constitution: A Timely Concept No access Pages 364 - 383
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Index No access Pages 384 - 391
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