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