scholarly journals Remarks on Church Property Restitution in Romania, with Special Focus on the Case of the Székely Mikó College

2021 ◽  
Vol 2 (2) ◽  
pp. 221-240
Author(s):  
Emőd Veress

The Soviet-style dictatorship nationalized church property, primarily educational and social institutions, run by the historical churches of national minorities. After the collapse of this political regime, a quest for restitution began, which raised complex private law issues. Finally, legislation favorable for restitution was created. However, the application of the legislation unchanged in its relevant provisions has two distinct phases: the first one is favorable for restitution. The second phase started after the Romanian accession into the EU, and NATO was less favorable. The external pressure for restitution, based on the rule of law, diminished. The restitution of the national minority church property today is largely perceived as a process conflicting with Romanian national interest. These changes and the complex legal problems raised and misused even by courts are illustrated in the case of Székely Mikó College.

2021 ◽  
Vol 60 (4) ◽  
pp. 332-365
Author(s):  
András Jakab

Sustainability, as comp ared to the rule of law, human rights, sovereignty or democracy, is a relatively new constitutional key concept. It is mentioned explicitly more and more in constitutional discourses, and – even more importantly – it helps to reconstruct a number of current constitutional debates under one conceptual umbrella. Sustainability comprises different responses to long term social challenges which cannot efficiently be responded to via democratic mechanisms. Democratic mechanisms are based on election terms and which are, consequently, structurally short-sighted. By ‘European constitutional law’, I mean in this paper both the primary law of the EU and domestic constitutional documents. In the present paper is am first going to sketch the nature and the types of the sustainability challenges that contemporary societies face, with a special focus on Europe (environmental, demographic and financial). In the main part of the paper, I am going to show possible constitutional responses to these challenges. Finally, I will summarise the main argument of the paper which is a suggestion to set up an economic constitutional court consisting of economists with the power to annul laws if these contradict the principles of sustainability.


Author(s):  
Peter Loedel

Slovakia’s most recent crisis of identity involving the murder of journalist Jan Kuciak and his fiancée Martina Kusnirova, and the subsequent anti-government protests (the largest since 1989), indicate that the push of European-wide democratic values and the pull of the old ways of Slovakian politics continue to define the nation’s political and economic landscape. Despite a decade and a half of European Union (EU) membership, Slovakia remains caught between the two competing pressures: one of corruption and the other of the rule of law. On the one hand, the rule of law heavily shaped by the intense Europeanization of Slovakia’s accession to the EU and its strong desire to be seen as a committed, highly integrated European partner, indeed part of the core of EU nations. On the other hand, the state remains relatively weak and captured by a dominant one-party political regime, resistant to fundamental change and punctuated by corruption. Indeed, for many analysts, Slovakia has fallen in line with other Central and Eastern European (CEE) states, high on absorbing EU funds and economic benefits, but less than committed to European political values and espousing nationalist and populist agendas. With pressure increasing from the European Union for accountability, the rule of law, and human rights, in which direction will Slovakia turn? This is not just a question for Slovakia; it is a fundamental question for Europe and the European Union. The direction in which nation-states such as Slovakia develop could determine the fate of the Union. In order to determine which direction Slovakia is headed, analysis of particular case studies of Europeanization suggest intentional, deep, and lasting impacts on Slovakia. Specifically, by examining justice and home affairs policy issues and inclusion into the European monetary system and eventual participation in the eurozone, Slovakia’s EU approach can be explained by its relative power and influence within the European Union. The first phase of Slovakian Europeanization can be characterized by its relative weakness, defined by rapid acceptance of EU directives, near total commitment to implementing those directives, and little Slovakian leverage over the process. By the time Slovakia joined the eurozone in January 2009, the EU’s ability to shape and impact Slovakia’s political and economic direction was demonstrable. However, following the severe economic downturn beginning in 2008 and the onset of the sovereign debt crisis of 2010, a second phase began to emerge. By the time of the migrant crisis in Europe in 2015, Slovakia surfaced as a key player in the EU’s ongoing struggles with the sovereign debt crisis and defending the external borders of Europe. Shifting relative Slovakian influence within the EU, broken down into two historical time frames, thus provides an overlapping explanation of the dual nature of Slovakia’s relationship with and to the European Union. These dual tracks help us further understand how truly Europeanized Slovakia is, despite its more recent resistance to further integrationist efforts. Slovakia, like the EU, is walking a very delicate tightrope, striking its own distinct and influential path among its CEE and Visegrad partners.


2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.


Author(s):  
Aida TORRES PÉREZ

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.


Author(s):  
T. Romanova ◽  
E. Pavlova

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.


2018 ◽  
Vol 9 (3) ◽  
pp. 353-365 ◽  
Author(s):  
Petra Bárd ◽  
Wouter van Ballegooij

This article discusses the relationship between judicial independence and intra-European Union (EU) cooperation in criminal matters based on the principle of mutual recognition. It focuses on the recent judgment by the Court of Justice of the EU in Case C-216/18 PPU Minister for Justice and Equality v. LM. In our view, a lack of judicial independence needs to be addressed primarily as a rule of law problem. This implies that executing judicial authorities should freeze judicial cooperation in the event should doubts arise as to respect for the rule of law in the issuing Member State. Such a measure should stay in place until the matter is resolved in accordance with the procedure provided for in Article 7 TEU or a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. The Court, however, constructed the case as a possible violation of the right to a fair trial, the essence of which includes the requirement that tribunals are independent and impartial. This latter aspect could be seen as a positive step forward in the sense that the judicial test developed in the Aranyosi case now includes rule of law considerations with regard to judicial independence. However, the practical hurdles imposed by the Court on the defence in terms of proving such violations and on judicial authorities to accept them in individual cases might amount to two steps back in upholding the rule of law within the EU.


2020 ◽  
Vol 70 (4) ◽  
pp. 471-491
Author(s):  
Paul Hare

AbstractKornai's earlier works embodied the idea that state institutions formed a system with a strong tendency to reproduce itself, and hence to resist minor reforms. Thus, at the end of socialism, huge changes were needed in politics, economics, and the law to build a new system oriented towards the market-type economy, which would again be stable, self-reinforcing and self-sustaining. Transition promoted the development of new states in Eastern Europe that conformed to the Copenhagen criteria for the EU accession. Were we too hasty in thinking that we had succeeded? The new systems are not returning to the previous one, and only in a few areas have the basic norms of a market-type economy been set aside in Hungary or Poland. But concerns arise at the interface between politics, law and economics – to do with the rule of law, the nature and role of the state, and the interactions between parliament, the executive and the judiciary. Unavoidably, there is also an interesting international dimension here, represented by the shift from the Warsaw Pact and CMEA to NATO and the EU. This paper explores these issues in the light of some of Kornai's recent analysis of developments in Hungary, while also drawing on his very insightful earlier works.


Author(s):  
Maria Fanou

In its recent Opinion 1/17, the Court of Justice of the EU (CJEU) examined the compatibility of an external judicial body, the Investment Court System (ICS) under the EU–Canada Comprehensive and Economic Trade Agreement (CETA), with EU law. At a time when judicial independence has arisen as one of the main challenges for the rule of law in the EU, this article discusses the Court’s findings in relation to the compatibility of the ICS with the right of access to an independent and impartial tribunal.


Author(s):  
Artur Nowak-Far

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.


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