2020 Volume 16 Issue 2

Contents

Articles Daniel Thym – Friendly Takeover, or: the Power of the ‘First Word’. The German Constitutional Court Embraces the Charter of Fundamental Rights as a Standard of Domestic Judicial Review – 187 Michael Gordon – Referendums in the UK Constitution: Authority, Sovereignty and Democracy after Brexit – 213 Jaakko Husa – Locking in Constitutionality Control in Finland – 249 Delia Ferri – The Unorthodox Relationship between the EU Charter of Fundamental Rights, the UN Convention on the Rights of Persons with Disabilities and Secondary Rights in the Court of Justice Case Law on Disability Discrimination – 275 2020 Volume 16 Issue 2

Case Notes Piotr Bogdanowicz and Maciej Taborowski – How to Save a Supreme Court in a Rule of Law Contributions by Crisis: the Polish Experience – 306 Daniel Thym, Tomáš Ľalík, Jaakko Husa, Michael Gordon, Delia Ferri, Piotr Bogdanowicz Tomáš Ľalík – The Slovak Constitutional Court on Unconstitutional Constitutional & Maciej Taborowski Amendment (PL. ÚS 21/2014) – 328 Subjects Finland: a peculiar method of constitutionality control and its historical background; United Kingdom: referendums and the doctrine of parliamentary sovereignty; EU Charter of Fundamental Rights: a standard for constitutional review by the Bundesverfassungsgericht; Disability discrimination: Court of Justice case law between Charter, UN Convention and secondary rights 2020 Volume 16 187–343

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Leonard F.M. Besselink, co-editor-in-chief Mattias Wendel The European Constitutional Law Review (EuConst) follows the classical approach of constitutionalism, University of Amsterdam Universität Leipzig to discuss EU law’s developments as well as comparative public law of European states, political and Monica Claes, co-editor-in-chief Aida Torres Pérez constitutional theory and history. The journal is a platform for scholarly discussion of European Maastricht University Universitat Pompeu Fabra, Barcelona constitutional events and evolution. It is open to contributions in this field from any country in the Jan-Herman Reestman, co-editor-in-chief François-Xavier Millet world and from any discipline. These contributions should satisfy as to substance, apart from the common University of Amsterdam Court of Justice of the European Union scholarly criteria, two specific conditions, to a) have a distinctly European relevance and b) include a W.T. Eijsbouts Thomas A.J.A. 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Judge at the Court of Justice and Koen Lenaerts Professor of European and comparative law, President of the Court of Justice and Professor of University of Malta European law, KU Leuven Jiří Zemánek Ingolf Pernice Judge at the Czech Constitutional Court and Professor of public law and of international and Professor of European Union law, Charles European law, Humboldt-Universität zu Berlin University, Prague The European Constitutional Law Review is edited at the G.K. van Hogendorp Centre for European Jit Peters Constitutional Studies, a Jean Monnet centre of excellence at the University of Amsterdam. Professor emeritus of public law, University of Amsterdam