2021 Volume 17 Issue 1

Contents

Articles Renata Mieńkowska-Norkiene – The Political Impact of the Case Law of the Court of Justice of the European Union – 1 Charlotte Reyns – Saving Judicial Independence: A Threat to the Preliminary Ruling Mechanism? – 26 Marcin Rojszczak – Extraterritorial Bulk Surveillance after the German BND Act Judgment – 53 David Quinn – The Law and Norms of the European Central Bank as Sovereign Lender of Last Resort: Crystallising Endogenous Authority – 78 2021 Volume 17 Issue 1 Case Notes Marian Enache and Cristina Titirişcă – References for Preliminary Rulings Submitted in a priori Constitutional Review. Insights from Romania in Light of Decision No. 137 of 13 March Contributions by 2019 of the Romanian Constitutional Court – 107 Suvi Sankari, Marcin Rojszczak, Charlotte Reyns, David Quinn, Darinka Piqani, Aleksandra Gliszczyńska-Grabias and Wojciech Sadurski – The Judgment That Wasn’t Renata Mieńkowska-Norkiene, Aleksandra Gliszczyńska-Grabias & Wojciech Sadurski, (But Which Nearly Brought Poland to a Standstill) – 130 Marian Enache & Cristina Titirişcă

Book Review Essay Subjects Suvi Sankari – Is Yet Another Book on Constitutional Pluralism Worth Reading? – 154 Court of justice: the political impact of its judgments; judicial independence and admissibility Darinka Piqani – A Tale of Three Constitutional Courts in Democratic Transitions –163 of questions for preliminary ruling; European central bank: its role as a sovereign lender of last resort; Fundamental rights abroad: extraterritorial bulk surveillance; Case notes: the Romanian Constitutional Court’s dialogue with the European Court of Justice; and a purported judgment on abortion law from Poland; Book review essays: constitutional pluralism; and constitutional courts in democratic transition compared. 2021 Volume 17

Cambridge Core 1–176 For further information about this journal please go to the journal website at: cambridge.org/euconst 2021/1

Downloaded from https://www.cambridge.org/core. IP address: 170.106.34.90, on 01 Oct 2021 at 06:12:26, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S1574019621000158 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. Professor of constitutional law, Bocconi University, Professor emeritus of comparative constitutional Milan law, University of Amsterdam Book reviews can be sent to our book review editors Nik de Boer and Vestert Borger at [email protected]. Paul Craig Sacha Prechal Book reviews should not exceed 5,000 words. For more information on the EuConst book review section, see Professor of English law, St. John’s College, Oxford Judge at the Court of Justice and Professor of under Information – Book review info. international and European institutional law, Gráinne de Búrca Utrecht University Professor of law, New York University School of Law All submissions must be written in good English. Authors who are uncertain whether their English is of W.H. Roobol sufficient quality, should have their manuscript reviewed and edited by a native speaker with a background Bruno De Witte Professor emeritus of European history, University in law. Accepted contributions will be edited, linguistically and substantively, subject to authors’ approval. Professor of European Union law, Maastricht of Amsterdam Authors should ensure that their submissions conform to the house style. A style sheet is available on the University, and part-time professor, European University Institute, Florence Dominique Rousseau journal website, under Information – Instructions for contributors. Professor of public law, Université Paris I Spyridon Flogaitis Panthéon-Sorbonne Special sections Professor of administrative law, University of Athens EuConst is happy to host a special section of articles stemming from a conference or research project in one Wojciech Sadurski Jörg Gerkrath Professor in jurisprudence, University of Sydney and of its issues each year. We are especially interested in sets of articles that form a coherent whole of excellent Professor of European law, University of professor extraordinarius, University of Warsaw research and fit well into the scope of our journal. A call for proposals is issued each year and one proposal Luxembourg selected. Please see our journal homepage for any active call for proposals. András Sajó P.J.G. Kapteyn University Professor, Central European University, Former judge at the Court of Justice Budapest Rick Lawson Mirosław Wyrzykowski Professor of European law, Leiden University Professor of constitutional law, University of Koen Lenaerts Warsaw President of the Court of Justice and Professor of Peter G. Xuereb European law, KU Leuven Judge at the Court of Justice and Ingolf Pernice Professor of European and comparative law, Professor of public law and of international and University of Malta European law, Humboldt-Universität zu Berlin Jiří Zemánek Jit Peters Judge at the Czech Constitutional Court and Professor emeritus of public law, University of Professor of European Union law, Charles Amsterdam University, Prague The European Constitutional Law Review is edited at the G.K. van Hogendorp Centre for European Constitutional Studies, a Jean Monnet centre of excellence at the University of Amsterdam.