Ústav státu a práva AV ČR, Center for Law and Public Affairs zvou na přednášku v rámci HANS KELSEN ANNUAL LECTURE
Mattias Kumm
The Foundations of Law in Europe and the Problem of Constitutional Conflict
Datum: 16. 12. 2013, 14.00 hod
Místo: Akademie věd ČR, Národní 3, Praha 1, 2. patro, č. 205
The question of the foundations of law is not one that is merely of academic interest. Even though a great many practical questions in law appear to be resolved without reference to foundational questions, there are problems that can´t be resolved without implicitly or explicitly addressing them. One such problem is the problem of constitutional conflict. How should national constitutional courts address conflicts between national constitutions and requirements of European Union law? The lecture will explore different claims about the foundations of law in Europe by way of analyzing the jurisprudence of some of Europe´s highest courts as they engage issues of constitutional conflict and relate these to classical positions in jurisprudential debates of the 20th century (Hart, Kelsen, Schmitt, Dworkin). It will provide an answer the following questions: To what extent is there space for legitimate legal pluralism in Europe? To what extent must a state, including a national constitutional court, accept the iron cage of European legal discipline? If the foundational values in Europe are human rights, democracy and the rule of law, as Art. 2 TFEU claims, what is the role of national identity, statehood and sovereignty?