The Internationalisation of Constitutional Law

A View from the Venice Commission
Erscheinungsjahr 2020
ISBN: 978-1-5099-4147-6
Verlag: Hart Publishing

Buch, Englisch, 152 Seiten, Hardback, Format (B × H): 169 mm x 244 mm, Gewicht: 449 g

In this book one of the longest-standing members of The Venice Commission reflects on the work of the institution to show how constitutional law in Europe (and beyond) has become increasingly borderless.

Over nine chapters, the book tracks the work of the Commission, illustrating the law both in action and in its broader political and historical context. It looks at its treatment of the judiciary and judicial conflicts, including the present crisis of the rule of law in Central Eastern Europe Member States of the European Union. Finally it suggests how all this can only be sensibly understood as a feature of the broader trend towards the internationalisation of constitutional law.

Autoren/Hrsg.

Bartole, Sergio

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Introduction

1. The Development of the Role of the Venice Commission

I. The Transition to Democracy and Rule of Law in Central and Eastern Europe

II. The Take-Off of the Activity of the Venice Commission

III. Rule of Law and Separation of Powers

IV. Forms of Government

V. Judicial Review

2. European Conditionality, Living Constitution and Constitutional Drafting

I. The Many Faces of Conditionality

II. From the Council of Europe to the EU - The Living Constitution

III. Accession of New Member States to the EU

IV. Post-Accession Conditionality and Compliance

V. Constitutional and Legislative Drafting

3. The European Constitutional Heritage as a Yardstick for the New Democracies

I. The Research of a Parameter

II. Paradoxes and History of the Concept of the European Constitutional Heritage

III. Comparing Western and Eastern Europe Traditions

IV. The Impact of the Western Tradition

4. The Epiphany of the International Constitutional Law

I. Constitutionalism and International Law

II. International Law, Transnational Law and National Law

III. The Making of International Constitutional Law: The Role of the Venice Commission

IV. Precedents and Examples
5. International Constitutional Law: Sources and Materials

I. International Law and Transnational Law

II. The Research of the Historical Roots

III. The Dubious Contribution of the Central and Eastern European Countries
IV. Conclusions

6. The Venice Commission's Contribution to the Internationalisation of Constitutional Law Regarding States' Judicial Organisation

I. Introduction: The Separation of Powers and Its Implementation

II. Judicial Councils and Other Solutions

III. The Functions of Judicial Councils

IV. Budgetary and Financial Matters

V. The Prosecution Service

VI. Crises and Difficulties of the Mediterranean Model

VII. Corruption, Miscarriages and Vetting Procedures

VIII. Conclusions

7. Constitutional Justice in the Frame of the Rule of Law

I. Setting the Scene

II. Institutional Position and Composition of Constitutional Courts

III. Jurisdiction and Functions

IV. Effects of the Decisions of the Constitutional Courts

V. Tensions between Constitutional Courts and Other Branches of the State

VI. Constitutional Justice, Rule of Law and Dialogue between the Courts

8. Conclusions and Perspectives

I. The Conclusions of the Research

II. Tensions in the European Union and Symptoms of Backsliding

III. The Reaction of the European Judges

IV. International Constitutional Law: Principles, Norms or Standards?

V. European or Universal Perspectives?

Appendix 1: Monitoring Committee and Venice Commission: 27 Years of Growing Interaction

Appendix 2: Comparative Constitutional Law - An Indispensable Tool for the Creation of Transnational Law

Über Autor(innen)

Bartole, Sergio
Sergio Bartole is Professor of Constitutional Law at the University of Trieste.