2020 Volume 16 Issue 2

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 Volume 2020 187–343 Cambridge Core For further information about this journal please go to the journal website at: cambridge.org/euconst 2020/2 Downloaded from https://www.cambridge.org/core. University of Athens, on 27 Sep 2021 at 17:55:38, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S1574019620000188 Board of Editors Editorial Policy & Guidelines for Contributors 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. Vandamme reference to and discussion of legal aspects involved. University of Amsterdam University of Amsterdam Submitting an article, case note or book review John W. Sap Matteo Bonelli The editors of the European Constitutional Law Review are happy to receive contributions on relevant Open Universiteit and VU Amsterdam Maastricht University subjects at any time. Before submitting, authors should ensure that their contribution falls within the scope Thomas Beukers Bastian Michel, managing editor of EuConst as stated above. Ministry of Foreign Affairs, The Hague University of Amsterdam Jan Komárek Andrew Faughnan, language editor Manuscripts should be sent in Microsoft Word format (and not, specifically, in PDF format) to enable University of Copenhagen Amsterdam editing, anonymisation and comments. EuConst has an exclusive submission policy. Authors are required Gerhard van der Schyff to state clearly, when submitting, that their contribution is not under consideration elsewhere. University of Tilburg Articles and case notes can be sent by email to [email protected]. Authors of article contributions are asked to Board of Advisers aim for a length of no more than 10,000 words (including footnotes). Case notes should not exceed 5,000 Marta Cartabia Lucas Prakke words. Upon request, the editors will consider whether relaxation of these limits is justified. Vice-president of the Italian Constitutional Court Professor emeritus of comparative constitutional and Professor of constitutional law, Università law, University of Amsterdam Book reviews can be sent to our book review editors Nik de Boer, Vestert Borger and Paul Post at Milano-Bicocca Sacha Prechal [email protected]. Book reviews should not exceed 5,000 words. For more information on the Paul Craig Judge at the Court of Justice and Professor of EuConst book review section, see <cambridge.org/euconst> under Information – Book review info. Professor of English law, St. John’s College, Oxford international and European institutional law, Utrecht University Gráinne de Búrca All submissions must be written in good English. Authors who are uncertain whether their English is of Professor of law, New York University School of Law W.H. Roobol sufficient quality, should have their manuscript reviewed and edited by a native speaker with a background Professor emeritus of European history, University in law. Accepted contributions will be edited, linguistically and substantively, subject to authors’ approval. Bruno De Witte of Amsterdam Authors should ensure that their submissions conform to the house style. A style sheet is available on the Professor of European Union law, Maastricht University, and part-time professor, European Dominique Rousseau journal website, <cambridge.org/euconst> under Information – Instructions for contributors. University Institute, Florence Professor of public law, Université Paris I Panthéon-Sorbonne Special sections Olivier Duhamel Sets of several articles stemming from a research project or conference can be published as a special section University Professor, IEP (Sciences Po), Paris Wojciech Sadurski Professor in jurisprudence, University of Sydney and of the journal. Special sections are published under full responsibility of the editorial board and each article Spyridon Flogaitis professor extraordinarius, University of Warsaw to be included is assessed on its own merits through the usual peer review process. Proposals for special Professor of administrative law, University of Athens sections can be sent to [email protected]. András Sajó Jörg Gerkrath University Professor, Central European University, Professor of European law, University of Copyright, licence to publish and open access policy Budapest Luxembourg Contributors retain copyright. By submitting to EuConst, authors agree that upon acceptance of their Mirosław Wyrzykowski P.J.G. Kapteyn contribution they will grant an exclusive licence to publish by signing and returning the appropriate Professor of constitutional law, University of Former judge at the Court of Justice Licence Form. Authors can make their contributions available through academic repositories. For Warsaw Rick Lawson more information, including terms and conditions of publication and authors’ rights of reuse, see Peter G. Xuereb Professor of European law, Leiden University <cambridge.org/euconst> under Information – Grant of licence. 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 Downloaded from https://www.cambridge.org/core. University of Athens, on 27 Sep 2021 at 17:55:38, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S1574019620000188.

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