The key argument of the volume is that post-1989 transformation deeply affected states and societies on both sides of the former Iron Curtain and was mutually constitutive. While post-communist Europe had to re-invent itself to be 'admitted' to the EU, the old member states and the EU changed too less visibly, but no less profoundly. This volume examines these transformations from a new perspective, defined by scholars from post-communist Europe, who set the agenda of the volume in a series of workshops. Their colleagues from the 'West' were invited to reflect on the experience of their countries in the light of the questions and concerns defined in those workshops. The authors include scholars from a variety of backgrounds: established and young, coming from all parts of the continent and having different views on the politics of European integration. This title is also available as open access on Cambridge Core.
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Offers a new approach to how Europe has been imagined on both sides of the former Iron Curtain.
1. Imagining statehood and constitutionalism in Europe: introduction Jan
Komárek, Birgit Aasa, Marina Bán and Micha Krajewski; Part I. Nation States,
Member States and Their Others:
2. Vicarious sovereignty: becoming European
the Estonian way Maria Mälksoo;
3. From federation to external constraint:
Europe in the Italian constitutional imagination Marco Goldoni;
4.
Sovereignty and the misery of small eastern European Nations Hent Kalmo;
5.
Ruling Britannia Martin Loughlin;
6. The power of concepts: from
'self-management' to 'sovereignty' in Soviet Estonia (198788) Juhan Saharov;
7. European integration-ineffable aspiration or the object of concern? About
the ambiguity of Europe in the Polish constitutional imaginary Aleksandra
Kustra-Rogatka;
8. The constitutionalised image of enemy in the Hungarian
fundamental law Attila Antal; Part II. Bringing Back the Past (To Serve or
Understand The Present?):
9. Political integration through constitutional
memory? Historical constitution and community building in Hungary Kálmán
Pócza;
10. The constitutional concept of the historical constitution and
illiberalism: the case of Hungary Tímea Drinóczi;
11. Estonians' European
imaginaries: the Soviet and pre-Soviet legacy Epp Annus;
12. Czechoslovakia:
Remembering and forgetting the failures of a state Mary Heimann;
13. A
constitution without qualities? three narratives about Austrian
constitutional law Ulrich Wagrandl; Part III. The Varieties of Liberalism in
Europe:
14. Rule of what law? Authoritarian pasts, liberal politics and
constitutional imagination in early post-communist East Central Europe Michal
Kopeek;
15. From the facade to solid foundation? the evolution of the polish
constitutional law discourse in years 19441989 Wojciech Zomerski;
16. Nordic
democratic exceptionality after the end of history: a neoliberalized
constitutional imaginary? Johan Strang;
17. 50 years of democratic
constitutionalism in Portugal between constitutional aspirations and the
European path Mariana Canotilho;
18. Constitutional drift exploring the
deeper roots of Polish constitutional crisis Karol Muszyski and Pawe
Skuczyski;
19. On the French constitutional imaginary: the erosion of the
long-standing Republican tradition François-Xavier Millet;
20. From legal
impossibilism to the rule of law crisis: transitional justice and polish
counter-constitutionalism Micha Krotoszyski.
Jan Komárek is Professor of EU Law at the University of Copenhagen (on leave) and a Visiting Professor in the Faculty of Law, Charles University in Prague, where he holds Donatio Universitatis Carolinae Chair (20252026). Birgit Aasa is a qualified lawyer in Estonia and holds a Ph.D. from the European University Institute. A former postdoctoral research fellow at the University of Copenhagen, she is currently a civil servant in the European Parliament. Marina Bán has a Ph.D. in Law from the University of Amsterdam and has worked as a postdoctoral researcher at Copenhagen University. Micha Krajewski holds a Ph.D. from the European University Institute. A former postdoctoral research fellow at the University of Copenhagen, he is currently an Inquiries Officer with the European Ombudsman, Brussels.
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