Northern Ireland – United Kingdom – Republic of Ireland – Divergent development of Irish and British nationality law – Citizenship of the European Union – Good Friday Agreement – Brexit – Emma DeSouza – Family unity as a source of constitutional conflict – Reverse discrimination – Cross-border equality as a means of representation reinforcement – Richard Plender

Analysis of proportionality in the context of Article 5 TEU after the PSPP judgment – Bundesverfassungsgericht challenging Court of Justice to control European Central Bank’s motives – Doctrinal tradition of ‘smoking out’ illicit motives through proportionality – Article 5(4) TEU: proportionality of exercise of competences, primarily safeguarding member states’ autonomy – Court of Justice case law on proportionality: deferential standard of review towards measures of EU institutions – Bundesverfassungsgericht case law on federal competences and municipal autonomy: less deferential but still respectful standard of review – PSPP inconsistent with case law and with Article 5 TEU – Balancing-stage of proportionality unsuitable for motive control

Greece not a militant democracy – Constitution rejects party bans – Challenge posed by neo-Nazi party Golden Dawn – Preference for a procedural approach – Not as passive as previously thought – Proactive use of regular law – Golden Dawn charged for being a criminal organisation disguised as a political party – Questions about the political timing of the trial – Importance of judiciary independence – Why not a terrorist organization – Suspension of party funding and other restrictions against Golden Dawn – Actions by state institutions as opposed to local and civil society – How to distinguish between procedural- and militant-democratic initiatives – Political rights of convicted party leaders – Benefits and risks of procedural model

Political constitutionalism understood in terms of autonomy of political judgement rather than allocation of powers – Irish case studies as example – Judicial doctrines recognise political discretion concerning rights – However, legalism or legal constitutionalism arises within the sphere of political judgement itself – Legal constitutionalism restricts political autonomy epistemically as well as institutionally

Sincerity of belief as a condition for the protection of Article 9 of the European Convention on Human Rights – Three types of insincerity in the context of freedom of belief – Parody religions – Fraudulent religions – Conceptual linkage between insincerity and ulterior motive – Insincerity defined as demanding to practise one’s ‘belief’ while solely having an ulterior motive – Circumstances that should not be considered evidence of insincerity: implausible manifestations, inconsistency with co-believers – Circumstances that should be considered evidence of insincerity: obvious unseriousness, ignorance, personal inconsistency – Comparison to rejected and accepted forms of evidence of insincerity in the case law of the European Court of Human Rights – Burden of proof in the case law of the European Court of Human Rights.

Authority of the European Central Bank (the Bank) over its operational norms in the eyes of market actors – Exogenous and endogenous authority and legitimacy – The reconciliation by the Bank and the Court of Justice of the EU (the Court) of the pre-existing norm and political-economic reality with Article 123 TFEU – Sovereign lender of last resort – Eurozone Crisis – Outright Monetary Transactions (OMT) – Public Sector Purchase Programme (PSPP) – Pandemic Emergency Purchase Programme (PEPP)

Foreign surveillance as a means of circumventing existing legal safeguards – Different perspectives on the problem of the extraterritorial application of fundamental rights in US and EU legal models – The limited usefulness of effective control tests for establishing the responsibility of states for action taken in cyberspace – Judgment of Bundesverfassungsgericht in the BND Act case as an interpretative guideline for the regulation of foreign surveillance in EU member states – Electronic surveillance as a threat to European integration process.

Conceptual framework for understanding the degree and scope of the political impact of the case law of the Court of Justice of the European Union – Definition of ‘the political’ – Carl Schmitt’s concept of political realism – Chantal Mouffe’s agonistic theory of ‘the political’ – ‘The political’ in the light of three classical categories: (1) polity, (2) policy, and (3) politics – Framework for understanding polity as competing values, policy as conflicts over resources, politics as fights for power – Criteria of political significance and impact of the Court of Justice case law – Two illustrations: Case C-391/09 Runevič-Vardyn v Vilniaus miesto savivaldybės administracija and Case C-192/18 European Commission v Republic of Poland set against the broader context of politically significant cases from the Court of Justice of the European Union.

Homelessness as a violation of human rights – Criminalisation of homelessness – Insufficient international and European protection of the rights of homeless persons – American charters of the rights of homeless persons as a source of inspiration – Model European Homeless Bill of Rights – FEANTSA – Human rights instrument – Positive and negative rights of the homeless person – Right to exit homelessness – Right to carry out practices necessary to survival within the law – Adoption and implementation of the Charter by Human Rights Cities in Spain, Slovenia and Poland – Soft law – Perspectives for the protection of the rights of homeless persons

Essence of fundamental rights – Article 52(1) of the Charter – Court of Justice of the EU – Methodology for determination of interference with essence – EU values – Proportionality – Balancing – Absolute and relative theory – Absolute rights – Interest theory of rights – Choice theory of rights – Hohfeld’s theory of rights – ‘Newtonian’ conception of rights – Case law on Article 52(1) of the Charter.

The judicial dialogue between national courts and the European Court of Justice as a cornerstone of European constitutionalism – The importance of understanding how place-based identities shape national judges’ willingness to apply EU law and enter into dialogue with the European Court of Justice through the preliminary reference procedure – An interdisciplinary approach for studying lawyers and judges’ legal consciousness and sense of place-attachment – Geospatial and interview evidence of how national lawyers and judges’ participation in the preliminary reference procedure is influenced by their attachment to particular court settings and cities – Consequences for European constitutionalism and future research on the uneven judicial protection of EU rights.

The long history of liberal multiculturalist theories grappling with the challenge posed by illiberal minorities – Parallel with the illiberal challenge in the European Union – Differences between the state/minority focus, the cultural/political considerations, the individual/systemic violations – Why these do not undermine the parallel – Propositions from multiculturalist theories to draw the line between toleration and legitimate interference – Severity, internal consensus, the exit option, and historical agreements – Forms of engagement to strengthen coherence, fairness, and solidarity

For a number of years there has been nothing at all unusual about the United Kingdom finding itself in a state of constitutional upheaval; indeed, for some time, this has been the UK constitution’s default setting. This has sometimes been as a result of long-anticipated and carefully planned reforms, such as the enactment, in the late 1990s, of legislation to give domestic effect to the European Convention on Human Rights and to introduce devolved systems of government in Scotland, Wales and Northern Ireland. In contrast, more recent upheaval is attributable to often unexpected reactions to often unexpected events. For example, legislation making substantial changes to the devolution scheme in Scotland – providing, among other things, for the constitutional permanence of the Scottish Parliament and Government – was enacted to implement panicked promises made by UK politicians in the dying days of the Scottish independence referendum campaign, at which point a vote in favour of independence seemed a distinct possibility. And then, needless to say, there is Brexit – about which it is almost impossible to be guilty of hyperbole when describing its constitutional implications, so numerous and potentially far-reaching are they.

Relations between the judiciary and the elected authorities (i.e. the legislative and the executive) in each country and at all times are among the most sensitive from the point of view of statehood. There is an obvious truth expressed in the famous saying of Lord Acton: ‘Power tends to corrupt, absolute power corrupts absolutely’2. The universal calling of judges is to restrain executive and legislative branches of government in their efforts to increase their power, especially at the expense of individuals. A state where there is no sufficiently strong counterweight to the natural omnipotence of the people’s representatives is not in line with the principle of the rule of law, because there is no one to remind the elected powers that their mandate has its limits – contemporarily established in particular by constitutional norms and the international regime for the protection of human rights.3 Naturally, courts do not directly take part in a political discourse, even though some kind of judicial review of the acts of public authorities exists virtually everywhere; these should not be characterised as an interference in political matters.4 The mutual respect of the judiciary and elected authorities proves the maturity of the state constitutional system, regardless of how far-reaching the powers are of judges to examine the constitutionality of legislation.

Brexit – Withdrawal Agreement – Article 50 TEU – Negotiations – Legal character of agreement – Transition period – ‘New legal order’ – ‘Due regard’ – ECJ jurisdiction – Governance – Enforcement and supervision – Dispute settlement – Future relations

Five decades of interaction between the Bundesverfassungsgericht and the Court of Justice – Reversal of the Solange decisions – Jurisdictional upgrade of the Charter under domestic constitutional law – Continuity of the ultra vires and constitutional identity caveats – Differences between the First and Second Senate in the approach towards EU law – Preliminary references as a new normality – Projection of the experience and doctrinal rigour of the German fundamental rights case law on the European level – ‘Primary’ application of the Grundgesetz as pragmatic guidance – Gradual evolution of overarching standards – Ordinary courts as an institutional counterbalance to the Bundesverfassungsgericht – Insistence on leeway for relative national autonomy in the interpretation and application of the Charter.