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July 6 @ 10:00 - 11:30 Wroclaw (CEST)

Faculty of Law, Administration and Economics

Więzienna 8/12
50–118 Wrocław

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Values militancy and the East-West divide: the limits of constitutional tolerance in the EU

Recent developments in CEE have created a challenge for those defending constitutional pluralism. Whilst seemingly also a form of pluralism, it is felt that the sort of diversity exhibited by Poland and Hungary is illegitimate. Why do the traditional arguments in favour of pluralism not apply here? Do they, at least, set limits to the kind of intervention that is justified? The common justification for enhanced oversight is that the EU is a community of values. Yet this leaves open the question about acceptable constitutional diversity. It also raises the more specific question of whether CEE countries should be seen as merely delinquent or as possessing a particular form of constitutionalism deserving respect. Does only that kind of diversity deserve respect which is an expression of genuine democracy? Or does the need to preserve democracy put a limit on the kind of diversity that is acceptable? These questions lead us to revisit the case for constitutional pluralism more broadly.

Chair(s): Samo Bardutzky / Hent Kalmo