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11. Lgitimisation of Autocracy in Turkey and Russia through the Review of the Constitution

Author:
Etleva Paplekaj
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.
Topic:
Reform, Democracy, Constitution, Political stability, Rule of Law, and Institutionalism
Political Geography:
Europe and Turkey

12. Enforcement of the European Union Law Before the Albanian Constitutional Court and the High Court

Author:
Gentjan Skara and Bojana Hajdini
Publication Date:
09-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.
Topic:
International Cooperation, International Law, European Union, and Constitution
Political Geography:
Europe and Albania

13. The rule of law in Poland or the false argument about the primacy of European law

Author:
Eric Maurice, Emilie Malivert, and Ana Pasturel
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
Topic:
Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
Political Geography:
Europe and Poland

14. Democratic Backsliding in Poland on Example Drafts Amendments in Electoral Code During the COVID-19 Pandemic

Author:
Maciej Skrzypek
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The COVID-19 pandemic occurred in Poland during the campaign before the presidential election scheduled for May 10. This non-military threat changed the election campaign’s dynamics, leading to an unprecedented failure to hold elections and postponing them. Around the changes in the election procedure, many constitutionalists and political scientists voiced their inconsistency with the law and the provisions of the Constitutional Tribunal. Both the proposed provisions and the manner of their organization raised objections. The article classifies these changes as manifestations of democratic backsliding, weakening democratic institutions and leading to a decline in the quality of democracy. The research goal is to analyze the records in the selected source material and relate them to the selected theoretical category (democratic backsliding). In the course of the research, the following hypothesis is verified: in the face of the COVID-19 epidemic in Poland, attempts by the ruling elite to change the provisions related to organizing the presidential elections scheduled for May 10 are an example of democratic backsliding, which, by weakening democratic institutions, has threatened the constitutional provisions and the essence of the democratic system.
Topic:
Elections, Democracy, Constitution, Public Health, Pandemic, and COVID-19
Political Geography:
Europe and Poland

15. The Round Table in 1989 – Consequences and Evaluation

Author:
Wojciech Polak and Sylwia Galij-Skarbinska
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The agreement of the round table signed on April 5, 1989, resulted in the creation of the government of Tadeusz Mazowiecki (September 12, 1989) and the end of communist rule in Poland. However, it should be pointed out that the agreement of the round table is currently often criticized. It is claimed, among other things, that the agreement was a form of “unification of the elite” (the term Jack Kuroń) to obtain financial and political benefits. As a result, the mixed communist-solidarity elite has taken over power in the country, guided solely by their own interests. It is also stressed that the contract has enabled the Communists to retain enormous influence in the special services, state administration, various institutions, the economy, and finance. On the other hand, these irregularities have been attributed to the solidarity elites who consider the round table agreements to be persistent. Other parts of the solidarity elite treated the round table exclusively as tactical action to take power away from the Communists.
Topic:
Diplomacy, Governance, Elections, Democracy, and Constitution
Political Geography:
Europe and Poland

16. Dispute over the Powers of the President of the Czech Republic

Author:
Marcin Czyżniewski
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
This article aims to analyze disputes and discussions on the powers of the President of the Republic, which have been happening since the establishment of the Czech Republic in 1993. These occurred when the President tried to interpret the provisions of the Constitution, took actions beyond their framework, or considered that his powers did not impose an obligation to act automatically. The disputes over the President’s powers were, therefore, not the result of theoretical discussions on the constitutional order of the Czech Republic, but were the result of the President’s involvement in the political life of the country, and above all, the decisions that did not correspond to the opinions and actions of the government. Disputes did not have an impact on a permanent change in the constitutional order. For example, there was no reason for an amendment to the Constitution that would extend, restrict, or clarify those powers.
Topic:
Politics, Governance, Constitution, Leadership, and Executive Power
Political Geography:
Europe and Czech Republic

18. UK Constitutional Reform: What Has Worked and What Hasn’t?

Publication Date:
04-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
The past two decades have seen some of the most far-reaching changes to the UK constitution since universal suffrage. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it has often been to argue that further reform is necessary. This online conference adopts a different approach. It aims to provide a critical evaluation of recent constitutional reforms. Bringing together leading constitutional experts and politicians from the United Kingdom and around the world, the conference will examine the following questions: Did the reforms deliver what their proponents claimed they would? Have the reforms generally improved governance, or added further complication? Have the reforms helped to unite the kingdom or driven further division? Have reforms enhanced or obscured accountability? The programme consists of 8 panels spread over two half days, complemented by a keynote address from a senior figure in the UK government. See the outline below and containing more information about panels.
Topic:
Governance, Reform, Constitution, and Domestic Politics
Political Geography:
United Kingdom and Europe

19. Proportionality and Karlsruhe’s Ultra Vires Verdict: Ways Out of Constitutional Pluralism?

Author:
Martin Höpner
Publication Date:
01-2021
Content Type:
Working Paper
Institution:
Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
Abstract:
In May 2020, for the first time in its history, the Federal Constitutional Court (FCC) of Germany declared Union acts as being ultra vires. According to the FCC, the European Central Bank (ECB) and the Court of Justice of the European Union (CJEU) had acted beyond their mandates because they did not apply strong proportionality standards to the ECB’s Public Sector Purchase Programme (PSPP). The resulting stalemate within constitutional pluralism has revived the discussion about the possible introduction of an Appeal Court with the “final say” over constitutional conflict. As the analysis of the PSPP conflict shows, such a judicial authority would reach its limits the more we move from the surface to the core of the struggles between European and national constitutional law. The different readings of proportionality are difficult to bridge, and the mutually exclusive claims about the nature of the supremacy of European law are not accessible to compromise at all. We should therefore not expect too much from an Appeal Court, if it were introduced.
Topic:
Law, European Union, Constitution, Conflict, European Monetary Union, Court of Justice of the EU (CJEU), and Proportionality
Political Geography:
Europe

20. What would no deal mean?

Author:
Anand Menon, David Bailey, Tim Bale, Catherine Barnard, Matthew Bevington, Meredith Crowley, Sarah Hall, Katy Hayward, Martin Heneghan, Carmen Hubbard, Lisa James, Hussein Kassim, Ben Kienzle, Nicola McEwen, Jonathan Portes, Ivan Rajic, Meg Russell, Jill Rutter, Thomas Sampson, Maddy Thimont-Jack, Alan Wager, and Dan Wincott
Publication Date:
09-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
We now have a Withdrawal Agreement, which means ‘no deal’ means ‘no trade deal’. Yet a no deal outcome would still have profound implications for the UK. As we analyse in this report, from trade to connectivity to foreign policy to cooperation in policing, a failure to strike an agreement with the EU will impact on us in numerous ways.
Topic:
International Relations, Politics, European Union, Constitution, Economy, Trade, and Society
Political Geography:
United Kingdom and Europe