Sergio Bartole

Hungary and Poland. The Organisation of the Judiciary between the Council of Europe and the European Union

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Abstract

The article considers recent developments in Poland and Hungary in light of increasing use of conditionality within European supranational institutions. The article first recaps the recent trend of conversion to constitutionalism in Central and Eastern Europe. Then it emphasizes the role played by conditionality, in particular in the field of organization and independence of the judiciary. Finally, the article explores the recent cases of Poland and Hungary, and highlights some lessons that may be learnt in regards to the sources of a European common constitutional heritage.

Keywords

  • Conditionality
  • Constitutionalism
  • Judiciary
  • Rule of Law

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