The Past and Future of the Right to Petition the European Parliament: A Viable Alternative for Citizens‘ Participation in the EU?

This paper performs an institutional analysis of the EU citizens‘ right to petition the European Parliament (EP) and its legal regime under Article 227 TFEU and following the Schönberger judgment of the CJEU. Concerning inter-institutional relations, this right is first appraised from the perspective of the significant ‘human capital’ that was initially invested to prevent...

Panel 55, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM

The Nationalist Challenge to Human Rights Courts: On Resilience and Conflict Management of the ECtHR

International courts find themselves in the center of the current backlash against international law. In most cases, the backlash against international courts manifests itself in severe challenges to the authority of a court in public discourse, through its politicization, and the non-implementation of judgments. Human rights courts as agents of counter-majoritarian interests are particularly prone...

Panel 34, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM

The Lie of Constitutional Governance

This intervention takes up the chapter on the substitution (of political for market constitutionalism) which is played out under the sign of governance. Where in the past the distinction between public law and private law organised the field and demarcated the spheres of public interest and individual freedom respectively, today we confront the pervasive move...

Panel 42, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM

The psychology of constitutional identity jurisprudence

Like other decision-making processes in which human beings are involved, judicial decision-making is subjected to certain biases that run counter the rationality assumption. A particularly visible and far-reaching example of this phenomenon can be found in the jurisprudence of domestic constitutional courts, particularly in the context of their interaction with the CJEU and with constitutional...

Panel 46, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM

What role for pluralism in inter-court relationships? – An explanatory framework

It has been observed in recent years that the relationship between domestic and international courts typically does not follow hierarchical patterns. Therefore, some legal scholars have coined the term ‘pluralism‘ to describe relationships between domestic and international courts in which neither Court accepts the absolute supremacy of another court, but still seeks to establish a...

Panel 41, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM

When 5×4 is not a winning majority: judicial decision-making on unconstitutional constitutional amendments

The main democratic critiques on the strong judicial review tend to disregard the constitutional amendment as a mechanism to mitigate judicial supremacy. For political constitutionalism, supermajority rules do not offer equal treatment, as this rule favors the maintenance of the status quo by making changes more difficult to occur. Underlying this assertion is the belief...

Panel 43, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM