Abstract

http://ssrn.com/abstract=2101479
 
 

Footnotes (25)



 


 



Constitutionalism and the Enlargement of Europe


Wojciech Sadurski


University of Sydney - Faculty of Law

July 5, 2012

Sydney Law School Research Paper No. 12/45

Abstract:     
This is an edited Introduction of a new book which will be published by Oxford University Press in August 2012: Wojciech Sadurski, Constitutionalism and the Enlargement of Europe (Oxford 2012). After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of the region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. When it comes to the EU, the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states.

Number of Pages in PDF File: 23

Keywords: Constitutional theory, Central and Eastern Europe, post-communism, Council of Europe, European Court of Human Rights, European Union, EU Charter of Fundamental Rights, human rights, minority rights, democratization

JEL Classification: K10, K30

Accepted Paper Series





Download This Paper

Date posted: July 6, 2012  

Suggested Citation

Sadurski, Wojciech, Constitutionalism and the Enlargement of Europe (July 5, 2012). Sydney Law School Research Paper No. 12/45. Available at SSRN: http://ssrn.com/abstract=2101479

Contact Information

Wojciech Sadurski (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 429
Downloads: 99
Download Rank: 160,508
Footnotes:  25

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.282 seconds