Evolution of Central European judicial approaches to the EU Sample Clauses

Evolution of Central European judicial approaches to the EU. Through including European law and European integration into their deliberations and decision- making, constitutional courts are therefore acting not only as guardians of their respective constitutions but also as arbiters of the reception of European norms into their legal systems. This situation is not so xxxxx as it seems: the constitutional courts in Hungary and Poland have already displayed – in varying degrees – their receptivity and understanding of the EU in their case-law. The cross-fertilisation or migration of constitutional ideas, mediated especially though not fully exclusively through the German model,40 has allowed these courts to approach the issue of European integration in a measured and deliberative manner, as befits the nature of “deliberative institutions.” Both the HCC and CT have acknowledged the German model but have tempered their decision-making in a clear attempt to distance themselves from being regarded as forwarding a more rigorous, combative style in defence of constitutional identity and the use of ultra xxxxx review, as expounded by the FCC, e.g., in Lisbon.41 32 Alter (2001), at 58-60. 33 See generally, X. Xxxxxxx, “The European Court of Justice,” in X. Xxxxxxx (ed.), Euro-Politics: Institutions and policymaking in the ‘new’ European Community, Brookings Institution, Washington, D.C. (1992), chap. 4, 123ff. 34 Alter (2001), at 60. 35 Alter (2001), at 62. 36 Dec. K 18/04, 11 May 2005: OTK ZU 2005/5A, Item 49. 37 Dec. K 32/09, 24 November 2010: OTK ZU 2010/9A, Item 108. 38 Dec. 143/2010 (VII.14) AB: ABK 2010. 7-8, 872. 39 Lisbon, 30 Juni 2009, 2 BvE 2/08 and 5/08, and 2 BvR 1010/08, 1022/08, 1259/08 and 182/09: BVerfGE 123, 267; [2010] 2 CMLR 712; (2009) 36 EuGRZ 339. 40 See G.A. Xxxx, Túl a szövegen: Értekezés a Magyar alkotmányról, at 273-277. 41 Cf. the Czech Constitutional Court in its two Lisbon rulings: (1) Czech Const. Ct. Decision of 26 November 2008:
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