Talking with the “pouvoir constituant” in times of constitutional reform: The European Court of Justice on Private Applicants’ Access to Justice. Research Paper in Law 3/2003

[From the Introduction]. European lawyers, at least those dealing predominantly with institutional matters, are living particularly interesting times since the setting-up of the “European Convention on the Future of Europe” in December 2001.1 As the Convention’s mandate, spelled out in rather broad terms in the European Council’s declaration of Laeken,2 is potentially unlimited, and as the future constitution of the European Union (EU) will be ultimately adopted by the subsequent Intergovernmental Conference (IGC), there appears to be a great possibility to clarify, to simplify and also to reform many of the more controversial elements in the European legal construction. The present debate on the future of the European constitution also highlights the relationship between the pouvoir constituant3 and the European Courts, the Court of Justice (ECJ) and its Court of First Instance (CFI), who have to interpret the basic rules and principles of the EU.4 In that light, the present article will focus on a classic theme of the Court’s case law: the relationship between judges and pouvoir constituant. In the EU, this relationship has traditionally been marked by the ECJ’s role as driving force in the “constitutionalisation” of the EC Treaties – which has, to a large extent, been accepted and even codified by the Member States in subsequent treaty revisions. However, since 1994, the ECJ appears to be more reluctant to act as a “law-maker.”5 The recent judgment in Unión de Pequeños Agricultores (UPA)6 – an important decision by which the ECJ refused to liberalize individuals’ access to the Community Courts – is also interesting in this context. UPA may be seen as another proof of judicial restraint - or even as indicator of the beginning of a new phase in the “constitutional dialogue” between the ECJ and the “Masters of the Treaties.”

Svodboda party - the new phenomenon on the Ukrainian right-wing scene. OSW Commentary No. 56, 2011-07-04

Even though the national-level political scene in Ukraine is dominated by the Party of Regions, the west of the country has seen a progressing increase in the activity of the Svoboda (Freedom) party, a group that combines participation in the democratically elected local government of Eastern Galicia with street actions, characteristic of anti-system groups. This party has brought a new quality to the Ukrainian nationalist movement, as it refers to the rhetoric of European anti-liberal and neo-nationalist movements, and its emergence is a clear response to public demand for a group of this sort. The increase in its popularity plays into the hands of the Party of Regions, which is seeking to weaken the more moderate opposition parties (mainly the Yulia Tymoshenko Bloc). However, Svoboda retains its independence from the ruling camp. This party, in all likelihood, will become a permanent and important player in Ukrainian political life, although its influence may be restricted to Eastern Galicia. Svoboda is determined to fight the tendencies in Ukrainian politics and the social sphere which it considers pro-Russian. Its attitude towards Russia and Russians, furthermore, is unambiguously hostile. In the case of Poland, it reduces mutual relations almost exclusively to the historical aspects, strongly criticising the commemoration of the victims of the Ukrainian Insurgent Army’s (UPA) crimes. This may cause tension in Polish-Ukrainian relations, where they are affected by decisions made by local governments controlled by the Svoboda Party.