Second-Grade Constitutionalism? The Cases of Hungary and Poland

Eleven International Publishing, CSF - SSSUP Working Paper Series 1/2017

21 Pages Posted: 4 May 2017

See all articles by Gábor Halmai

Gábor Halmai

European University Institute - Department of Law (LAW)

Date Written: May 3, 2017

Abstract

The weakness of the Copenhagen criteria and the lack of their application after accession caused a discrepancy between EU accession conditions and membership obligations, which might be one of the reasons for non-compliance after accession in some of the new Member States. The other reason is certainly the authoritarian past of the new democracies. This paper deals with recent deviations from the shared values of rule of law and democracy—the ‘basic structure’ of Europe—in some of the new Member States in East-Central Europe, especially in Hungary and Poland.

Keywords: comparative constitutional law, East-Central Europe, backsliding of constitutionalism

Suggested Citation

Halmai, Gábor, Second-Grade Constitutionalism? The Cases of Hungary and Poland (May 3, 2017). Eleven International Publishing, CSF - SSSUP Working Paper Series 1/2017. Available at SSRN: https://ssrn.com/abstract=2962292

Gábor Halmai (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY
39-055-4686-401 (Phone)

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