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Volume 19 - Issue 1 - March 2023

European Constitutional Law Review Volume 19 - Issue 1 -
Contents

Articles

  • The EU Recovery Instrument and the Constitutional Implications of its Expenditure

  • Antonio-Martín Porras-Gómez
  • Published online by Cambridge University Press: 16 November 2022, pp. 1-24
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  • 2021–2027 Recovery Plan for Europe and its Recovery and Resilience Facility have altered elements of the EU institutional equilibrium – constitutional consistency of the ensuing design – implications for the constitutional evolution of the EU – analysis of the expenditure of the Recovery and Resilience Facility – new fiscal economic stabilisation function – conditionality attached to the funds – strengthened role of the Council – nuanced multi-level financial governance – the fiscal stabilisation function enshrines a potential form of constitutional mutation – the new institutional framework for the expenditure of the EU funds seems to lean towards an intergovernmental preeminence

  • The Hypocrisy of Authoritarian Populism in Poland: Between the Facade Rhetoric of Political Constitutionalism and the Actual Abuse of Apex Courts

  • Aleksandra Kustra-Rogatka
  • Published online by Cambridge University Press: 16 February 2023, pp. 25-58

  • A discernible rift between the rhetoric of political constitutionalism and the real policy of authoritarian populists – The rhetoric focused on political constitutionalism and popular sovereignty as a façade and a utilitarian argument justifying the introduction of counter-constitutional changes through statute laws – Captured apex courts turned into useful devices of power consolidation – The analysis of the Constitutional Tribunal and the Supreme Court – The Constitutional Tribunal as an ‘inverted court’ used increasingly often to actively shape the government’s Eurosceptic policy – A double face of the Supreme Court – The new Chambers of the Supreme Court introduced to be politically abused by authoritarian populists – Systemic interactions between two captured apex courts have a synergy effect with regard to the process of the denormativisation of the constitution – The deepening politicisation of the apex courts creates a favourable environment for further rule of law deterioration.

  • Constitutionalising the end of history? Pitfalls of a non-regression principle for Article 2 TEU

  • Julian Scholtes
  • Published online by Cambridge University Press: 07 February 2023, pp. 59-87

  • Enforcement and conceptualisation of Article 2 TEU values – Rule of law – A non-regression principle for EU values faces significant pitfalls – Limits of the ‘backsliding’ paradigm informing doctrinal developments under Article 2 TEU – Inadequacy of a progress/regression trajectory as a lens for constitutional developments – Complexity of Article 2 values threatens to render regression assessments simplistic – Non-regression and the equality of member states – Potential conflicts between non-regression and minimum standards as tests for Article 2 compliance

  • The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design

  • Roger Masterman
  • Published online by Cambridge University Press: 23 February 2023, pp. 88-110
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  • The United Kingdom Human Rights Act 1998 – Constitutional migration – Impacts of legislative design and process on the internalisation of international standards – A taxonomy of migratory patterns under the Human Rights Act – Constitutional migration as a source of constitutional instability – Proposals for a British Bill of Rights

  • The Merkel Court: Judicial Populism since the Lisbon Treaty

  • Florian Meinel
  • Published online by Cambridge University Press: 07 February 2023, pp. 111-140
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  • The German Federal Constitutional Court’s recent case law in context – A systematic account of the Federal Constitutional Court’s changing constitutional imagination – The constitutional footprint of the grand coalitions during Angela Merkel’s 16-year term as German Chancellor – The changing architecture of parliamentary government in the Federal Republic and the role of the Court – The supermajoritarian structure of the German political system – Majority rule and veto players – Legislation and parliamentary oversight – Executive autonomy and parliamentary control – Political representation and counter-representation by the Court – The constitutional nature of cabinet and ministerial responsibility – constitutional limits of political speech in government office – The normative model of administrative constitutionalism – The pouvoir neutre in the German constitution – The constitutionalisation of distributive justice

Case Notes

Review Essay

Front Cover (OFC, IFC) and matter

  • ECL volume 19 issue 1 Cover and Front matter

  • Published online by Cambridge University Press: 10 March 2023, pp. f1-f2
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Back Cover (IBC, OBC) and matter

  • ECL volume 19 issue 1 Cover and Back matter

  • Published online by Cambridge University Press: 10 March 2023, pp. b1-b2
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