Constitutional Transformation of the Central and East European Countries - JMMZ116

• Title: Constitutional Transformation of the Central and East European Countries
• Guaranteed by: Department of German and Austrian Studies (23-KNRS)
• Faculty: Faculty of Social Sciences
• Actual: from 2016 to 2017
• Semester: summer
• E-Credits: 6
• Examination process: summer s.:
• Hours per week, examination: summer s.:2/0, Ex [HT]
• Capacity: 10 / unknown (10)
• Min. number of students: unlimited
• 4EU+: no
• Virtual mobility / capacity: no
• State of the course: taught
• Language: English
• Teaching methods: full-time
• 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.
• Teacher(s): prof. JUDr. PhDr. Ivo Šlosarčík, Ph.D., LL.M.

Annotation

Last update: prof. JUDr. PhDr. Ivo Šlosarčík, Ph.D., LL.M. (08.02.2015)

This course gives students an overview of the political and constitutional transition in Central and Eastern Europe since 1989. The course emphasizes democratic changes in political and constitutional structures and specific problems like media transformation, reform of judiciary, minority protection, lustrations or restitution of property.

Literature

Last update: NIGRIN (19.04.2010)

Institute for Public Affairs Global Report on the State of Society. Annual Reports 1998-2005. Bratislava 1999-2006

PROCHAZKA, M. Mission Accomplished: On Founding Constitutional Adjudication in Central Europe. Budapest: Central European University Press, 2002.

PŘIBÁŇ, J. - ROBERTS, P. - YOUNG, J. (eds.). Systems of Justice in Transition: Central European Experiences Since 1989. Aldershot: Ashgate Publishing, 2003.

STERIN, E. Czecho/Slovakia, Ethnic Conflict, Constitutional Fissure, Negotiated Breakup. Ann Arbor: University of Michigan Press 2000.

BIRCH, S. Electoral systems and political transformation in post-communist Europe. Basingstoke: Palgrave Macmillan, 2003.

DELURY, G. E. World encyclopedia of political systems and parties. New York: Facts On File, 2006.

SAJO, A. Limiting Government: An Introduction to Constitutionalism. Budapest: Central European University Press, 1999.

TEITEL, R. Transitional Justice. New York: Oxford University Press 2002.

Requirements to the exam

Last update: SLOSARCI (12.02.2013)

Exam requirments:

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 18.00 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.

Syllabus

Last update: prof. JUDr. PhDr. Ivo Šlosarčík, Ph.D., LL.M. (03.01.2018)

February 21: 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 28: 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 7: 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 14: Dealing with the Past by Criminal Law: Punishment of old crimes and rehabilitation of victims of political persecution

March 21: Property regime I: Restitutions

March 28: Property regime II: Privatisation, enforcement of property rights, public intervention
into property regime

April 4: No class

April 11: Media and Freedom of Speech

April 18: Protection of Minorities

April 25: Rule of Law and Judiciary

May 2: Current developmetns: is there an illiberal revolution in CE?

May 9: Guest lecture

 

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.