This paper analyses the use of the rule of law principle in the jurisprudence of the constitutional courts of the new member states of the European Union. The purpose is to discover whether past or recent decisions could clarify the use of the principle in these countries. An example is the legalistic concept of the rule of law as expressed by the Hungarian and Polish constitutional courts when they examined the constitutionality of the lustration laws. On the other hand, some constitutional courts (such as the Czech one) have used a wider and more sophisticated application of the rule of law. Considering the severe rule of law crisis which has been taking place in Hungary and Poland in recent years, this recognition is particularly important in order to avoid cumulative judgments that could devalue the former communist countries in general, trivializing the harsh path of democratic conditionality with its strengths and weaknesses

Constitutional Courts and the Rule of Law in the New EU Member States / A. DI GREGORIO. - In: REVIEW OF CENTRAL AND EAST EUROPEAN LAW. - ISSN 0925-9880. - 44:2(2019), pp. 202-231. [10.1163/15730352-04402004]

Constitutional Courts and the Rule of Law in the New EU Member States

A. DI GREGORIO
2019

Abstract

This paper analyses the use of the rule of law principle in the jurisprudence of the constitutional courts of the new member states of the European Union. The purpose is to discover whether past or recent decisions could clarify the use of the principle in these countries. An example is the legalistic concept of the rule of law as expressed by the Hungarian and Polish constitutional courts when they examined the constitutionality of the lustration laws. On the other hand, some constitutional courts (such as the Czech one) have used a wider and more sophisticated application of the rule of law. Considering the severe rule of law crisis which has been taking place in Hungary and Poland in recent years, this recognition is particularly important in order to avoid cumulative judgments that could devalue the former communist countries in general, trivializing the harsh path of democratic conditionality with its strengths and weaknesses
constitutional courts; new EU Member States; rule of law; sources of law; EU conditionality
Settore IUS/21 - Diritto Pubblico Comparato
Article (author)
File in questo prodotto:
File Dimensione Formato  
DiGregorio_Constitutional_courts_and_the_rule.pdf

accesso aperto

Tipologia: Pre-print (manoscritto inviato all'editore)
Dimensione 410.59 kB
Formato Adobe PDF
410.59 kB Adobe PDF Visualizza/Apri
Pubblicazioni consigliate

Caricamento pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/650357
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 1
  • ???jsp.display-item.citation.isi??? 0
social impact