Suchergebnisse

The EU is bound to respect the national identities of Member States. States might, at occasions, define their national identities in ways that breach inclusive constitutional values (e.g. equality) protected under TEU Article 2. The assumption behind the recognition of diverse constitutional identities is the peaceful coexistence of both, which is challenged by illiberal national developments. Instead, we see a zero-sum game between the constitutional recognition of exclusive values (e.g. dominant ethnicity or religion) and inclusive constitutional values; every gain by the proponents of emergent authoritarianism translates to a loss on the side of constitutional democracy. While exclusive norms appear in virtually every constitutional system, a critical mass of exclusive values can lead to the hollowing out of a democratic order, both on the national and on the supranational level. To try to draw the line where this shift happens, we are relying on the limits of toleration, and recognition, of exclusive norms and identity elements of minority communities in liberal theories of multiculturalism (e.g. Raz, Taylor, Kymlicka). We think that the case of illiberal minorities raise structurally similar theoretical questions, insights, and experiences than the dilemma defined above, the challenge of illiberal Member States undermining EU fundamental values.

One of the key elements of Hungarian public thinking is the question of nationalities and its historical aspects. For well-known historical facts, the questions and answers of national minorities still have constitutional significance. The examination of the Act XLIV of 1868 on the Equality of Nationalities, including its antecedents, has not only importance from the point of view of legal history, but it is also essential for the cultivation of the current constitutional law, and, consequently, also strongly contributes to the understanding of today's legal institutions. The essay describes the process of drafting this legislation.

Zsfassung in engl. Sprache u.d.T.: The concept of discrimination in the jurisdiction of the Hungarian Constitutional Court, in the light of Council Directive 2000/43/EC

The issue indicated in the title of the study is essentially a complex of legal problems, which raise several questions about the concepts used, such as: What is human dignity? What rights can be derived from it? Can we talk about the right to human dignity? What is personhood? What are the personality rights? How is human dignity related to the personality rights? The study examines the problem from the perspective of Romanian legislation and Constitutional Court practice.

Programs of the Spanish Left Wing Parties on the Eve of the 1936 Parliamentary Elections In the months before the elections this parties prepared programs presenting their inmediate, and some of their long-term goals, reacting to one another in the process. The worker and the bourgeois-democratic republican parties tried to overcome their disagreements in order to form a wide common block facing the similarly fragmented right parties. While the programs of the worker parties featured more radical ideas, the bourgeois-democratic document focused primarily on the reconstruction of the constitutional achievments of the 1931-1933 socialist–republican government. In the end, the common program backed by numerous organizations contained overhelming the goals of the buorgeois democratic parties, referring to the differences between the parties. This proved to be sufficient for winning by a wide margin. ; Programs of the Spanish Left Wing Parties on the Eve of the 1936 Parliamentary Elections In the months before the elections this parties prepared programs presenting their inmediate, and some of their long-term goals, reacting to one another in the process. The worker and the bourgeois-democratic republican parties tried to overcome their disagreements in order to form a wide common block facing the similarly fragmented right parties. While the programs of the worker parties featured more radical ideas, the bourgeois-democratic document focused primarily on the reconstruction of the constitutional achievments of the 1931-1933 socialist–republican government. In the end, the common program backed by numerous organizations contained overhelming the goals of the buorgeois democratic parties, referring to the differences between the parties. This proved to be sufficient for winning by a wide margin.

The plebiscite on the independence of Catalonia was adopted by the parliament of the Autonomous Community on 6th September 2017, which was suspended two days later by the Spanish Constitutional Court. Despite the prohibition of the Constitutional Court, the Catalan government decided to hold the illegal referendum on 1st October 2017, which increased the tensions between the Spanish cabinet and the Generalitat as a result of harsh police force's riots. At the end of October 2017, the Catalan regional parliament declared the independence of the Autonomous Community. The reaction of the Spanish government was that it suspended the autonomy of Catalonia and decided to call early elections on 21st December 2017. Although the pro-independence parties (JuntsxCat and Esquerra Republicana de Catalunya) won the elections, they could only constitute a stable government by the external support of the radical left-wing party, Alternativa de Esquerres. The objective of my essay is to evaluate the political and economic consequences of the Catalan plebiscite, which was held on 1st October 2017. The popular vote about the self-determination of Catalonia caused a political and legal uncertainty and influenced the economic situation of the Autonomous Community and Spain negatively. The events which happened in Catalonia contributed to the loss of control over the legislature by a motion of no confidence against the Government of Mariano Rajoy and increased the division between the Catalan and the Spanish society. Because of length constraints, I will not highlight the European Union's policy of the People's Party and the Spanish Socialist Workers' Party. Besides the evaluation of the political and economic outcomes of the Catalan referendum, the main aim of the paper is to give insight into the factors that determined the independence process in Catalonia.