European Constitutional Law Review (EuConst) - Current Issue

Volume 3 Issue 03

Sun, 30 Sep 2007 23:00:00 GMT

European Constitutional Law Review (EuConst), Volume 3 Issue 03

The European Constitutional Law Review ( EuConst ), a peer reviewed English language journal, is a platform for advancing the study of European constitutional law, its history and evolution. Its scope is European law and constitutional law, history and theory, comparative law and jurisprudence. Published triannually, it contains articles on doctrine, scholarship and history, plus jurisprudence and book reviews. However, the premier issue includes more than twenty short articles by leading experts, each addressing a single topic in the Draft Constitutional Treaty for Europe. EuConst is addressed at academics, professionals, politicians and others involved or interested in the European constitutional process. Its Editorial Advisory Board is composed of eminent members in the field of constitutional studies from across the Continent in its new EU format.

Democracy and the Union: Dressing up Cinderella

Editorial
null WTE, null MC,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 353-356

Abstract

Bosnia: Reclaiming Local Power from International Authority

Research Articles
Bernhard Knoll,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 357-366

Abstract
Powers of High Representative in Bosnia and Herzegovina Order of the High Representative: execution of the Court's decision contrary to Article 25 UN Charter Ruling by command may lastingly hinder democratic development

The Concept of Pluralism in the case law of the ECtHR

Research Articles
Aernout Nieuwenhuis,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 367-384

Abstract
Meanings of pluralism in different disciplines Feature of society and idea of society Politics, religion, education Rejection of legal pluralism State protection of pluralism and its limits

Res Judicata in the Court of Justice Case-Law

Research Articles
Xavier Groussot, Timo Minssen,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 385-417

Abstract
Forms of res judicata National procedural autonomy v. EC supremacy Finality of administrative decisions v. judicial decisions Res judicata not absolute Analogy between res judicata rules and rules of direct and indirect effect.

The Emerging Czech Constitutional Doctrine of European Law

Research Articles
Jiří Zemánek,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 418-435

Abstract
Influence of the Czech accession to the European Union on the judicial ideology of Czech courts Czech Constitutional Court: no testing of so-called necessitated implementing provisions, except when core constitutional values and principles are at stake An act contrary to Union law is not as such also contrary to the Czech Constitution

The Status of (Secondary) Community Law in the French Internal Order

Research Articles
Chloé Charpy,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 436-462

Abstract
Conseil constitutionnel and Conseil d'Etat now both hold that Article 88-1 of the French Constitution contains the duty to implement Community law Duty to implement Community law limited by France's constitutional identity for the Conseil constitutionnel, by the absence of equivalent protection on the Community level for the Conseil d'Etat Supremacy of the Constitution not affected

Yunying Jia v Migrationsverket – Court of Justice of the European Communities

Review Articles
Ben Olivier, Jan Herman Reestman,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 463-475

Abstract

French Constitutional History, Garden or Graveyard?

Review Articles
Gustaaf van Nifterik,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 476-487

Abstract

Luxemburg locuta, causa non finita

Book Reviews
Lucas Prakke,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 488-491

Abstract

The State of Emergency and Human Rights

Book Reviews
John W. Sap,
European Constitutional Law Review (EuConst), Volume 3 Issue 03 , pp 492-498

Abstract