Spreading Democracy and the Rule of Law? The Impact of EU Enlargemen
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the
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Spreading Democracy and the Rule of Law? The Impact of EU Enlargement on the Rule of Law, Democracy and Constitutionalism in Post-Communist Legal Orders Edited by
WOJCIECH SADURSKI European University Institute, Florence, Italy
ADAM CZARNOTA University of NSW, Sydney, Australia and
MARTIN KRYGIER University of NSW, Sydney, Australia
A C.I.P. Catalogue record for this book is available from the Library of Congress.
ISBN-10 ISBN-13 ISBN-10 ISBN-13
1-4020-3841-0 (HB) 978-1-4020-3841-6 (HB) 1-4020-3842-9 (e-book) 978-1-4020-3842-6 (e-book)
Published by Springer, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. www.springer.com
Printed on acid-free paper
All Rights Reserved © 2006 Springer 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. Printed in the Netherlands.
Contents
Preface
ix
List of Contributors
xi
INTRODUCTION Martin Krygier
3–24
PART I: DEMOCRATIC INSTITUTIONS AND PRACTICES 1. EU ENLARGEMENT AND DEMOCRACY IN NEW MEMBER STATES 27–49 Wojciech Sadurski 2. THE EASTERN EU ENLARGEMENT AND THE JANUS-HEADED NATURE OF THE CONSTITUTIONAL TREATY Vittorio Olgiati
51–71
3. A PROBLEM OF THEIR OWN, SOLUTIONS OF THEIR OWN: CEE JURISDICTIONS AND THE PROBLEMS OF LUSTRATION AND RETROACTIVITY 73–96 David Robertson 4. CITIZENS AND FOREIGNERS IN THE ENLARGED EUROPE Enrica Rigo 5. SUB-NATIONAL GOVERNANCE IN CENTRAL AND EASTERN EUROPE: BETWEEN TRANSITION AND EUROPEANIZATION Gwendolyn Sasse, James Hughes & Claire Gordon
97–119
121–147
6. THE COPENHAGEN CRITERIA AND THE EVOLUTION OF POPULAR CONSENT TO EU NORMS: FROM LEGALITY TO NORMATIVE JUSTIFIABILITY IN POLAND AND THE CZECH REPUBLIC 149–171 Dionysia Tamvaki
CONTENTS PART II: CONSTITUTIONALISM 7. BECOMING “EUROPEANS”: THE IMPACT OF EU “CONSTITUTIONALISM” ON POST-COMMUNIST PRE-MODERNITY Andr´as Saj´o
175–192
8. HAPPY RETURNS TO EUROPE? THE UNION’S IDENTITY, CONSTITUTION-MAKING, AND ITS IMPACT ON THE CENTRAL EUROPEAN ACCESSION STATES 193–218 Jiri Priban 9. AN EVOLUTIONARY APPROACH TO THE CONSTITUTIONALISM OF AN ENLARGED EU: WHY WILL COGNITIVE AND CULTURAL BOUNDARIES MATTER? Daniela Piana 10. CONSTITUTIONAL TOLERANCE AND EU ENLARGEMENT: THE POLITICS OF DISSENT? Miriam Aziz 11. EUROPEANIZATION THROUGH JUDICIAL ACTIVISM? THE HUNGARIAN CONSTITUTIONAL COURT’S LEGITIMACY AND THE “RETURN TO EUROPE” Christian Boulanger
219–235
237–261
263–280
PART III: THE RULE OF LAW 12. BARBARIANS ANTE PORTAS OR THE POST-COMMUNIST RULE OF LAW IN POST-DEMOCRATIC EUROPEAN UNION 283–297 Adam Czarnota 13. TRANSFORMATION AND INTEGRATION OF LEGAL CULTURES AND DISCOURSES—POLAND Marek Zirk-Sadowski
299–311
14. EU ENLARGEMENT AND THE CONSTITUTIONAL PRINCIPLE OF JUDICIAL INDEPENDENCE Daniel Smilov
313–334
15. POST-COMMUNIST LE
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