European Yearbook of Constitutional Law 2019 Judicial Power: Safegua

The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and

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Volume 1

European Yearbook of Constitutional Law 2019 Judicial Power: Safeguards and Limits in a Democratic Society

Ernst Hirsch Ballin Gerhard van der Schyff Maarten Stremler Editors

European Yearbook of Constitutional Law Volume 1

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. The yearbook provides a forum for in-depth analysis and discussion of new developments in constitutional law in Europe and beyond. Each issue is dedicated to a specific theme. Papers are subject to editorial and double-blind peer review. The yearbook is published by T.M.C. ASSER PRESS in cooperation with Springer Publishers. Contact To get in touch, please send an e-mail to [email protected]

More information about this series at http://www.springer.com/series/16431

Ernst Hirsch Ballin Gerhard van der Schyff Maarten Stremler •



Editors

European Yearbook of Constitutional Law 2019 Judicial Power: Safeguards and Limits in a Democratic Society

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Editors Ernst Hirsch Ballin Tilburg University Tilburg, The Netherlands and University of Amsterdam Amsterdam, The Netherlands

Gerhard van der Schyff Tilburg University Tilburg, The Netherlands Maarten Stremler Tilburg University Tilburg, The Netherlands

The views expressed in this Yearbook are not necessarily those of the members of the Editorial Board, the Board of Recommendation and/or those institutions they represent, including the T.M.C. Asser Instituut and T.M.C. ASSER PRESS. ISSN 2405-6111 ISSN 2405-612X (electronic) European Yearbook of Constitutional Law ISBN 978-94-6265-358-0 ISBN 978-94-6265-359-7 (eBook) https://doi.org/10.1007/978-94-6265-359-7 Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg © T.M.C. ASSER PRESS and the authors 2020 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. This T.M.C. ASSER PRESS imprint is published by the registered company Springer-Verlag GmbH, DE part of Springer Nature. The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany

Editorial Board Series Editors Prof. dr. Ernst M. H. Hirsch Ballin (Editor), Tilburg University/University of Amsterdam Dr. Gerhard van der Schyff (Editor), Tilburg University Dr. Maartje de Visser (Editor), Singapore Management University Managing Editor Maarten Stremler LLM