Abstract
The Introduction provides an overview of the research project ‘The Role and Future of National Constitutions in European and Global Governance’, which was funded by a five-year grant of 1.2 million EUR, awarded by the European Research Council (ERC). The research findings are published in the present two-volume book, containing national reports from twenty-eight EU Member States, and a twenty-ninth report – focusing on constitutional reforms related to global governance – from Switzerland. The reports are based on the project Questionnaire. The main themes are threefold: (a) constitutional amendments with a view to EU membership; (b) constitutional adjudication at the national level regarding EU measures such as the Data Retention Directive, European Arrest Warrant and ESM Treaty; and (c) novel challenges that are increasingly highlighted in the wider context of global governance (i.e. beyond the classic international treaties that advance human rights, peace and environmental protection) in relation to democratic participation, judicial review and the rule of law. Whilst in the mainstream discourse national constitutions have typically been approached from a top-down perspective and with a focus on sovereignty, the present bottom-up study allows for the perspective to be broadened by looking at how EU and transnational law have affected constitutional cultures in specific areas, such as fundamental rights protection, rule of law safeguards and constitutional review. The reports are accompanied by a linked book with a Comparative Study, which divides the constitutional systems of the EU Member States into three broader constitutional cultures and identifies overarching trends, changes and processes regarding constitutionalism. The comparative research findings are briefly outlined in the Introduction, inviting discussion on what ought to be the direction of travel for national, comparative European, EU and global constitutionalism. The project and the reports explore constitutional developments up until 2014-15 and do not address the more recent illiberal trends.
Highlights
The Introduction provides an overview of the research project ‘The Role and Future of National Constitutions in European and Global Governance’, which was funded by a five-year grant of 1.2 million EUR, awarded by the European Research Council (ERC)
The research findings are published in the present two-volume book, containing national reports from twenty-eight EU Member States, and a twenty-ninth report – focusing on constitutional reforms related to global governance – from Switzerland
The main themes are threefold: (a) constitutional amendments with a view to EU membership; (b) constitutional adjudication at the national level regarding EU measures such as the Data Retention Directive, European Arrest Warrant and ESM Treaty; and (c) novel challenges that are increasingly highlighted in the wider context of global governance in relation to democratic participation, judicial review and the rule of law
Summary
We are delighted to bring to the readers what in our view is a truly fascinating book, National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law – National Reports, with two combined volumes containing twenty-nine national reports, and which will shortly be accompanied by a linked comparative monograph that is hereinafter referred to as the 'Comparative Study’.1 With the important transformations in the discourse on EU and global constitutionalism over the last few decades, we consider this to be an opportune moment to take a step back and revisit what is, or ought to be, the role of national constitutions in the new transnational legal environment. The inclusion of smaller and what are often regarded as more peripheral countries has allowed the project to give a greater voice and visibility to the diverse constitutional systems, but has unearthed numerous interesting and important broader trends, patterns and changes that warrant wider attention and discussion Some of these will be summarised at the end of this introductory chapter. One key Asser Press book that has become part of a well-established canon in the field is the so-called ‘Red Book’, The Constitutional Impact of EU Enlargement at EU and National Level, which explores how national constitutions both in the older and new Member States have been adjusted to accommodate EU membership.24 Another leading Asser Press publication that sparked interest in the research that follows is the above-mentioned Handbook on the European Arrest Warrant, edited by Judge Blekxtoon. One key Asser Press book that has become part of a well-established canon in the field is the so-called ‘Red Book’, The Constitutional Impact of EU Enlargement at EU and National Level, which explores how national constitutions both in the older and new Member States have been adjusted to accommodate EU membership. Another leading Asser Press publication that sparked interest in the research that follows is the above-mentioned Handbook on the European Arrest Warrant, edited by Judge Blekxtoon.
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