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That other anniversary

  • Wojciech Sadurski (a1)
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1 Walker Neil, ‘Central Europe’s Second Constitutional Transition: The EU Accession Phase’, in Adam Czarnota, Martin Krygier and Wojciech Sadurski (eds.), Rethinking the Rule of Law after Communism (CEU Press 2005) p. 341 at p. 356.

2 Weiler J.H.H., The Constitution of Europe (Cambridge University Press 1999) p. 238-239 .

3 Id. at p. 239.

4 Sadurski Wojciech, Constitutionalism and the Enlargement of Europe (Oxford University Press 2012) p. 55-80 .

5 Commission Communication on the Charter of Fundamental Rights of the EU, 13 September 2000, COM(2000) 559 at 4.

6 See Sadurski, supra n. 4, p. 81-84.

7 See Sadurski, supra n. 4, p. 86.

8 Commission of the European Communities, Communication from the Commission to the Council and the European Parliament on Article 7 of the Treaty on EU, ‘Respect for and promotion of the values on which the Union is based’, COM(2003) 606 final, Brussels 15 October 2003, at 4.

9 See Sadurski, supra n. 4, p. 89-91.

10 Blauberger Michael and Kelemen R. Daniel, ‘Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU’, 24(3) Journal of European Public Policy (2017) p. 5, available at <dx.doi.org/10.1080/13501763.2016.1229357>, visited 10 July 2017.

11 Sargentini Judith and Dimitrovs Aleksejs, ‘The European Parliament’s Role: Towards New Copenhagen Criteria for Existing Member States?’, 54(5) Journal of Common Market Studies (2016) p. 1085 at p. 1088.

12 See Scheppele Kim Lane, ‘Making Infringement Procedures More Effective: A Comment on Commission v. Hungary Case C-288/12 (8 April 2014) (Grand Chamber)’, EUtopia Law, 29 April 2014, <eutopialaw.com/2014/04/29/making-infringement-procedures-more-effective-a-comment-on-commission-v-hungary-case-c-28812-8-april-2014-grand-chamber/> visited 10 July 2017.

13 See Kochenov Dimitry and Pech Laurent, ‘Better Late than Never? On the European Commission’s Rule of Law Framework and its First Activation’, 54(5) Journal of Common Market Studies (2016) p. 1062 .

14 Id. at p. 1066.

15 de Búrca Gráinne, ‘Beyond the Charter: How Enlargement Has Enlarged the Human Rights Policy of the European Union’, 27 Fordham International Law Journal (2004) p. 679 at p. 696.

16 See also EditorialTalking about European Democracy’, 13 EuConst (2017) p. 207 at p. 217-220.

17 See Sargentini and Dimitrovs, supra n. 11.

18 European Commission for Democracy through Law (Venice Commission), Opinion on Amendments to the Act of 25 June 2015 on the Constitutional Tribunal of Poland, adopted by the Venice Commission at the 126th Plenary Session (Venice, 11-12 March 2016) para. 138.

19 Kochenov and Pech, supra n. 13, p. 1064.

20 In his speech of 31 August 2015, in the context of discussing the use of Article 7, Frans Timmermans, the First Vice-President of the European Commission in charge of inter alia the rule of law, evoked the Haider spectre, saying that ‘the case of Austria, with Jörg Haider’s party joining the government, has weakened the EU’s capacity to react in such a case. It was a political response which completely backfired….’, cited by Kochenov and Pech, supra n. 13, p. 1067.

21 Magen Amichai, ‘Cracks in the Foundations: Understanding the Great Rule of Law debate in the EU’, 54(5) Journal of Common Market Studies (2016) p. 1050 at p. 1057.

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European Constitutional Law Review
  • ISSN: 1574-0196
  • EISSN: 1744-5515
  • URL: /core/journals/european-constitutional-law-review
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