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Constitutional Discourse

Apr 22
7 min

Norbert TRIBL: Can only one be left in the end? Is this the Way?!

Thoughts on a recent opinion by Advocate General Bobek On 4 March 2021, in the Joined Cases C-811/19 and C-840/19, the opinion of Advocate General Michal Bobek was delivered to the CJEU, which was already mentioned by one of the authors of the Constitutional Discourse, Márton Sulyok. According to Sulyok, if the CJEU accepts the Advocate General's position, it could put the entire European system of constitutional justice at risk, at least as we know it today. It is a question

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Constitutional Discourse

Apr 21
10 min

Blanka BARTOS: SMA infants’ right to health

Are newborn screening and the reception of the treatment for SMA disease fundamental human rights? I. Introduction Since the 1960s, newborn screening has been around and saved lives.[1] Countries have been continuously expanding the range of screened diseases after the baby’s birth, in which SMA is the newest one. We could be optimistic and patient as health care policy and regulation always change in parallel with innovation, however, some countries need to make the first s

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Constitutional Discourse

Apr 15
10 min

Raed Jamal GHANEM: Epic Milestones in the History of Human Rights

Between the Middle Ages and the Age of Enlightenment in Europe Introduction After the fall of the Western Roman Empire and the collapse of the central authority that imposed a unified legal system, a group of legal systems were created in different regions with different features. One of these system’s goals was to protect individuals and prevent abusive behaviour. In addition to the protection of individuals, the domestic legal systems included the protection of some rights,

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Constitutional Discourse

Apr 6
10 min

Márton SULYOK: Constitutional Justice in Europe – “Courting” Death?

On the Less than Usual (?) Theme This January, listening to the optimistic start-of-the-year hum in my ears, despite COVID, I wrote that there surely are some lessons to be learned from all of those issues, good or bad, that surrounded, courted, then consumed some constitutional courts around the globe in 2020. Some of these courts were met by harsh accusations with populist undertones from academia, politics or civil society, some others for merely standing their ground in a

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Constitutional Discourse

Apr 1
9 min

Aida BEKTASHEVA: Is It Possible the EAEU Co-existing with the EU in One Spot?!

Over the last decades, the interest of practitioners and academics alike has substantially increased in regional integration. Unions for regional integration are faced with quite a lot of choices, for example, which form of integration they should select, whether or not they should enter various relationships, and so on. This post is intended to serve as an analytical review of how the Eurasian Economic Union (EAEU) has challenges, differences, barriers in dealing with the Eu

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