The Common European Constitutional Culture

The authors conduct theoretical and jurisprudential research on the interrelations between the sense of individual identity and the sense of national identity. Their aim is to find a common European legal culture.

The authors focus on the interrelations between the sense of individual identity and the sense of national identity. Their aim is to find a common European legal culture. The processes of Europeanization have been proceeding on the legal level, wherein the CJEU took a prominent role, and on the level of intergovernmental decision-making. In the aftermath, the EU may be comprehended in terms of the rights-based union and problem-solving entity although the emergence of the values-based community has been stymied and the transnational public spheres are rather thin. This caused a democratic deficit and provoked debates about the EU as a post-democratic polity. There are disputes whether this oddity of the EU indicates its nobility or perversion. But the fact remains that the Eurocitizens in their post-sovereign states became lost in the Hegelian extreme terms of the universal-formal rights. Their individual interests made them especially exposed to the shocks of the economic crisis. This makes it necessary to address the issue of the common European constitutional culture.

Autorentext

Roman Hauser is a Professor of Administrative Procedure at Adam Mickiewicz University (Poland) and the President of the Polish Supreme Administrative Court. Marek Zirk-Sadowski is a Professor of Theory and Philosophy of Law at the University of ód (Poland) and the Vice-president of the Polish Supreme Administrative Court. Bartosz Wojciechowski is an Associate Professor at the Faculty of Law at the University of ód (Poland) and a judge at the Supreme Administrative Court.

Inhalt

Content: Antal Visegrády: European Legal and Constitutional Cultures - Karolina M. Cern/Bartosz Wojciechowski: The Holy Grail as the Heritage of the Future - on the Search for a Common Legal Culture in Presources of the EU Law - Tadeusz Biernat: From the Community of Law to the Community of Principles - José Manuel Aroso Linhares: The Political Contingence of Constitutional Voluntas and the Practical Continuity of Law's Cultural «Project». A Conversation Piece Concerning a «Narrative» of Discontinuity - Anna Kalisz: Mediation and the European Legal Culture - Leszek Leszczynski: On Human Rights Protection in the European Union Legal Order: Between Pragmatism and the Axiology of Integration - Pawel Mazur/Ewa Nowak: How Moral Judgment Competence Fosters Discretionary Powers: A Dilemmatic Approach - Gülriz Uygur: The Job of the Judge in the Context of Silenced People: The Opuz Case - Marek Zirk-Sadowski: The Emergence of the Identity of the Administrative Law in the Process of Building the Relation of the Administrative Courts vis-à-vis the Case Law of the Constitutional Tribunal - Roman Hauser: The Place of the Case-law of the Administrative Courts in the System of the Constitutional Control of the Activities of Public Administration - József Benke: European Constitutional Culture and Civil Procedure.