Overview

Central European Constitutional Courts in the Face of EU Membership explores the enduring German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court's approach to EU integration on its counterparts in Hungary and Poland. Such a model aims to protect Germany's constitutional identity or essential core of sovereignty, the contents of which are not susceptible to transfer or limitation, in the face of the requirements of the Union's constitutional legal order. The influence of this model on the two Central European courts has encouraged them to take an active part in negotiating the new multilayered judicial construct of Europe. Tatham thus firmly places the Hungarian and Polish constitutional courts within the overall context of the continuing dialogue between national courts and the Court of Justice in the evolution of the European constitutional space.

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Reviews

The book reviewed here is interesting for many reasons: the methodology and the case law-based approach employed allow one to identify continuities and discontinuity in the case law of the Hungarian and Polish Constitutional Courts. The final chapter provides the reader with a more systematic conclusion and is indeed rich in clues and insights. Although the situation has developed rapidly in the last year (...) many of the considerations made are still very topical. This book has more merits: it casts light on the much too neglected theme, bringing new examples of the influence of the German model to the attention of a vast audience and offers a potential reference point in this field. Finally, the clarity of its argument is not a secondary detail and its purchase is absolutely recommended. Common Market Law Review, Vol. 51 No. 2 April 2014, Giuseppe Martinico, Madrid.

Author Information

Allan F. Tatham, Ph.D. (2011), University of Leiden, lectures on EU law at CEU San Pablo University, Madrid. Formerly assistant professor Pazmany Peter Catholic University, Budapest. He has published extensively on EU enlargement and law harmonization.

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