Combining insights from comparative legal theory, jurisprudence and legal history, this collection examines the legal and constitutional identity of Central and Eastern Europe.
Combining insights from comparative legal theory, jurisprudence and legal history, this collection examines the legal and constitutional identity of Central and Eastern Europe.
Although the various countries of Central and Eastern Europe have often compared themselves to the West, the failure of these countries to engage with one another has resulted in a whole spectrum of legal identities remaining hidden. This book takes up a comparison of such identities within the region of Central and Eastern Europe, and following from the prima facie similarity between the regions countries, given the experience of communism and legal transfers. The book thereby illuminates, through comparisons, the distinct legal identities of the 16 Central and Eastern European states; whilst, at the same time, arguing for a shared Central and Eastern European legal identity.
This book will appeal to scholars and students in the area of comparative law, as well as lawyers, political scientists, sociologists and historians with particular interests in Central and Eastern Europe.
Introduction. Central and Eastern Europe Between Law, Culture, Identity
and Comparison Cosmin Cercel, Alexandra Mercescu and Mirosaw Micha Sadowski
Part I. Central and Eastern European Legal Cultures: Theorerical Perspectives
1. Foreign Law, the Comparatist, and Culture: How It Is Pierre Legrand
2.
Central Europe: Whats in a Name? Forging an Understanding of the Region as a
Socio-Legal and a Socio-Political Space Mirosaw Micha Sadowski
3. The
Region Without Qualities: Fiction, International Law and the Internalised
Irrelevance of Central and Eastern Europe Momchil Milanov
4. Judicial
Formalism and Regional Legal Identity in Central and Eastern Europe Péter
Cserne
5. Non-compliance with the European Court of Human Rights Judgments:
Delineating the Features of Central and Eastern European Legal Identity
Donatas Murauskas
6. Old Patterns Die Hard The Idiosyncrasies of the
Yugoslav Socialist Legal Tradition and the Problem of Continuity in the
Western Balkans Denis Preshova and Nenad Markovikj
7. Constitutional Identity
as Competing Historically Driven Narratives: Central and European
Perspectives Manuel Guan Part II. Central and Eastern European Legal
Cultures: Case Studies
8. Eternity Clause as Agalma: Articulating
Constitutional Identity in Romania and Latvia Cosmin Cercel and Jnis Pleps
9. An Ancestry of Bridges: The Persistence of Legal Transplants in Croatia
and Poland Hano Ernst, Mirosaw Sadowski and Mirosaw Micha Sadowski
10. The
External influence on Constitutional Identity: Comparing Estonia and Serbia
Katre Luhamaa, Merike Ristikivi and Marija Vlajkovi
11. Historical
Trajectories and Shared Destiny as a Basis for Common Legal Identity: The
Cases of Bosnia and Herzegovina and Montenegro Samir Fori, Marko Doki and
Danijela Vukovi-alasan
12. The Ever-Blurred Features of the Rule of Law:
Albania and Bulgaria Rezarta Demneri and Anastas Punev
13. The Transfer of
the Principle of Proportionality to the National Legal Order: The Cases of
the Slovak Republic and Slovenia Tomį Gįbri, Matej Horvat and Marko Novak
14. Guarantees for Linguistic Identity: Approaches of the Republic of
Lithuania and of the Republic of Moldova Aist Rakauskait-Burneikien,
Saulius Katuoka and Teodor Papuc
15. Searching for Legal Identities through
Narratives about the Habsburg Times: Czechia and Hungary Markéta tpįnķkovį
and Mįrton Matyasovszky-Németh Afterword. A Central and Eastern European
Legal Culture? Cosmin Cercel, Alexandra Mercescu and Mirosaw Micha Sadowski
Cosmin Cercel is Associate Professor in Law at Lazarski University in Warsaw, Poland.
Alexandra Mercescu is Assistant Professor at the West University of Timisoara, Romania.
Mirosaw Micha Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP Brazilian Center of Analysis and Planning in Sćo Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.
