Constitutional Transformation of Central and East European Countries (ESA) - JMMZ177

• Title: Constitutional Transformation of Central and East European Countries (ESA)
• Guaranteed by: Department of European Studies (23-KZS)
• Faculty: Faculty of Social Sciences
• Actual: from 2020
• Semester: summer
• E-Credits: 6
• Examination process: summer s.:
• Hours per week, examination: summer s.:2/0, Ex [HT]
• Capacity: unknown / unknown (1)
• Min. number of students: unlimited
• 4EU+: no
• Virtual mobility / capacity: no
• State of the course: not taught
• Language: English
• Teaching methods: full-time
• Note: course can be enrolled in outside the study plan; enabled for web enrollment; priority enrollment if the course is part of the study plan
• Guarantor: prof. JUDr. PhDr. Ivo Šlosarčík, Ph.D., LL.M.

Annotation

Overview of key issues of the transformation process in Visegrad+ states since 1990s.
Course is not taught in spring semester 2021.

Last update: Šlosarčík Ivo, prof. JUDr. PhDr., Ph.D., LL.M. (04.01.2021)

Aim of the course

Comprehension of models of transformation in Visegrad+ states and their sources of inspiration.

Last update: Šlosarčík Ivo, prof. JUDr. PhDr., Ph.D., LL.M. (13.01.2020)

Literature

Eline de Ridder – Dimitry Kochenov (2011): Democratic Window Dressing in Eastern Enlargement: Ambitious Window Dressing. European Foreign Affairs Review, Vol. 16, No. 5, s. 589-605.

Last update: Šlosarčík Ivo, prof. JUDr. PhDr., Ph.D., LL.M. (13.01.2020)

Teaching methods

Seminar with active particiation of students.

Last update: Šlosarčík Ivo, prof. JUDr. PhDr., Ph.D., LL.M. (13.01.2020)

Requirements to the exam

In class presentation (max. 20 points). Due to COVID-19, in class presentation replaced by 2 page written summary.

Writtten exam: On your chosen day of exam (there wil be three terms), I will send you,  by email, a question/problem at 10.00 and by 13.00 I would like to receive and 3-4 page answer/analysis. (max. 70 points). Modification due to COVID 19: not modified.

In addition, each student should prepare a 2-3 page analysis of a ECHR/natinal constitutional court case relevant for the CE constitutional transformation. Analysis should contain facts of case, its procedural development, legal argumentation used, case result and national reaction to the judgment.  Deadline: June 1. (max 10 points) Modification due to COVID 19: not modified.

 

Grading:

·       A: 100-91 points

·       B: 90-81 points

·       C: 80-71 points

·       D: 70-61 points

·       E: 60-51 points

Last update: Šlosarčík Ivo, prof. JUDr. PhDr., Ph.D., LL.M. (14.05.2020)

Syllabus

February 19: Starting Point: Features of constitutional systems of states in CE in late 80s (totalitarian vs. authoritarian regime, tension between formal and practical constitution) and their crisis

February 26: Europeanisation or national model of transformation? Impact of the EU, Council of Europe, experience of western European countries. Reading: De Ridder and D. Kochenov (2011),“Democratic Conditionality in the Eastern Enlargement:Ambitious Window Dressing”, European Foreign Affairs Review 2011

March 4: Dealing with the Past by administrative tools: Lustrations Reading: Kosar: Lustrations and Lapse of Time https://csesp.files.wordpress.com/2015/05/eswp-2008-03-kosar_eclr_.pdf

March 11: Dealing with the Past by Criminal Law: Punishment of old crimes and rehabilitation of victims of political persecution

March 18: Property regime I: Restitutions

March 25: Property regime II: Privatisation, enforcement of property rights, public intervention
into property regime

April 1: Media and Freedom of Speech

April 8: Rule of Law and Judiciary

April 15: no class

April 22: guest lecture

April 29: Protection of Minorities

April 6: Rectors` day

May 13: Current developmetns: is there an illiberal revolution in CE?

 

 

Exam requirments:

In class presentation

Writtten exam: On your chosen day of exam (thre wil be three terms), I will send you,  by email, a question/problem at 10.00 and by 13.00 I would like to receive and 3-4 page answer/analysis.

In addition, each student should prepare a 2-3 page analysis of a ECHR/natinal constitutional court case relevant for the CE constitutional transformation. Analysis should contain facts of case, its procedural development, legal argumentation used, case result and national reaction to the judgment.  Deadline: June 1.

Last update: Šlosarčík Ivo, prof. JUDr. PhDr., Ph.D., LL.M. (13.01.2020)