The rise of populism in Central and Eastern Europe as a broader democratic crisis – Developments in Hungary, Poland and Romania indicate failure of representative politics post-1989 – Reorienting politics towards a deliberative democratic culture can help answer the bottom-up critique exploited by populists – Citizen-centric deliberative approaches take seriously long-standing discontent with liberal democracy and can provide an alternative to populism

European External Action Service – Treaty of Lisbon – High Representative of the Union for Foreign Affairs and Security Policy – combination with role of Vice President of the European Commission responsible for external action – Institutional balance between the Commission and the Council – Curtailment in practice of High Representative's ‘Vice Presidential’ powers – Hybrid approach toward role of EEAS: both intergovernmental and communitarian

Judicial independence – Judicial accountability – Court presidents – Judicial politics – Separation of powers – Court administration – Judicial councils – Selection of judges – Czechia – Central Europe

Tensions between national welfare systems and the social rights of the citizens of the Union — Fundamental principle of free movement and the degree of financial solidarity with nationals from other Member States — Introduction of internal market principles in health care — The balancing role of the Court of Justice of the European Communities.

Treaty of Lisbon – Fundamental Rights Charter – European Convention on Human Rights – Partial incorporation of Convention in Charter – Incorporation of Charter into EU law with Lisbon – Questions of loss of autonomy for the EU legal order – Gain in direct effect of Convention in EU member states

Leipzig 1989: dissolution of the East German state people or Staatsvolk – Karlsruhe 2020: dissolution of the German people – Courts and the people as a neglected constitutional relationship – Bundesverfassungsgericht's versions of the people – Analysis of the concept of people – Forms of action – Political people breaks down into two: original and electoral people – Marbury v. Madison – Duality as a matter of doctrine and principle – Duality in Lissabon Urteil – Conflation and reduction of authority to vote – Subordination of electoral to original people – The Court's logic pushed into motion – Exposing the constitution

Judicial dialogue – protection of fundamental rights – common constitutional principles – judicial activism – Charter of Fundamental Rights – pluralistic nature of Europe – national particularism – preliminary reference procedure – duty of constitutional courts to participate in dialogue – protection of national constitutional values and traditions – judicial style of European Court of Justice

This reference for a preliminary ruling raises for the first time the question of the extent of the discretion available to the Member States to determine who their nationals are. In so far as citizenship of the European Union, which depends, admittedly, on enjoyment of the status of national of a Member State, is established by the Treaty, can the powers of the Member States to lay down the conditions for the acquisition and loss of nationality still be exercised without any right of supervision for Community law? That is, in essence, the point at issue in this case. This case therefore calls for clarification of the relationship between the concepts of nationality of a Member State and of citizenship of the Union, a question which, it need hardly be emphasised, to a large extent determines the nature of the European Union.

On 22 November 2005 the European Court of Justice (hereafter, the Court) rendered its Mangold-ruling on Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (hereafter, Directive 2000/78). The most striking part of this judgment, rendered in a private dispute, was the following conclusion:

Community law and, more particularly, Article 6(1) of (…) Directive 2000/78/EC (…) must be interpreted as precluding a provision of domestic law such as that at issue in the main proceedings (…) It is the responsibility of the national court to guarantee the full effectiveness of the general principle of non-discrimination in respect of age, setting aside any provision of national law which may conflict with Community law, even where the period prescribed for transposition of that directive has not yet expired.

The judgment evoked a great amount of criticism from the media, academia, several advocates general and the member states.

Meanings of pluralism in different disciplines – Meaning in jurisprudence, esp. ECtHR – Feature of society and idea of society – Individual freedom v. group existence – Politics, religion, education – Pluralism as expression of rights and as guarantee of rights – Rejection of legal pluralism – Contradiction of elitist theory – State protection of pluralism and its limits

Populist politicians have to deal with a foundational paradox, i.e. ruling without being contaminated by the corrupting influence of power - Strategies to shield populists’ political actions from the accusations that populist parties have flung against pre-existing elites – The Italian Five Star Movement as a populist political discourse resorting to legalist strategies – Legalism as a way of introducing political reforms as mandatory actions, required by some sort of exclusionary, pre-existing legal rule rather than the product of ideological confrontation and political compromise – Populism as an anti-political response to factionalism – Lottery system, absolute neutrality and the end of politics

Gap between the EU’s normative commitments to socio-economic justice and the practical workings of its integration project -- Potential for strengthening the social EU by recourse to the Charter of Fundamental Rights of the European Union – Charter normatively commits EU to a constitutionally conditioned Internal Market – Charter curbs property rights and entrepreneurial freedom specifically for the sake of social rights guarantees – Constructive response to legitimacy dilemmas emerging from cases such as Laval, Viking and AGET Iraklis – Reinstating socially embedded constitutionalism at EU levels as an alternative to relegating social integration to national levels

Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from consequences – The use of social propositions

European Court of Human Rights – Suggestions for reducing case backlog and national criticism of the Court – Alternative to incremental case law and reasoning by analogy – Greater deference to national courts where individual interests, rather than fundamental rights are at stake – Guidelines to find objective criteria for the definition of fundamental rights – Sharper delineation of Convention rights – Procedural review preceding substantive review

UN human rights binding on states; binding on UN organs? – Sanctions mechanism as implemented in EU – Kadi and others – Ruling Court of First Instance – Relation between UN law and EC law – Human rights obligations – Exception, political question, etc. – Solange – Monism and dualism – Questions remain