2021 Volume 17 Issue 2

Contents

Articles Anthoula Malkopoulou – Greece: A Procedural Defence of Democracy against the Golden Dawn – 177 Conor Casey and Eoin Daly – Political Constitutionalism under a Culture of Legalism: Case Studies from Ireland – 202 Jeremy B. Bierbach – The ‘Person of Northern Ireland’: A Vestigial Form of EU Citizenship? – 232 Tim Wolff – True Believers? – Sincerity and Article 9 of the European Convention on Human Rights – 259 Nuno Garoupa, Marian Gili and Fernando Gómez Pomar – Mixed Judicial Selection and 2021 Volume 17 Issue 2 Constitutional Review: Evidence from Spain – 287 Niels Petersen and Konstantin Chatziathanasiou – Balancing Competences? Proportionality as an Instrument to Regulate the Exercise of Competences after the PSPP Judgment of the Contributions by Bundesverfassungsgericht – 314 Tim Wolff, Susanne K. Schmidt, Niels Petersen & Konstantin Chatziathanasiou, Anthoula Malkopoulou, Nuno Garoupa & Marian Gili & Fernando Gómez Pomar, Case Note Conor Casey & Eoin Daly, Jeremy B. Bierbach, Lucía Alonso Sanz Lucía Alonso Sanz – Deconstructing Hirsi: The Return of Hot Returns ECtHR 13 February 2020, Nos. 8675/15 and 8697/15, ND and NT v Spain – 335 Subjects Defending democracy: conviction of the Golden Dawn party in Greece as a criminal Book Review Essay organisation; Nomination of judges: selection and its traces in constitutional review case law in Susanne K. Schmidt – Just Hitting the Nail or Also the Thumb? The Court’s Deference to Spain; Citizenship: the complexities of Northern Ireland; Constitution and the political: Member States – 353 a culture of legalism in Ireland; Fundamental freedoms: article 9 of the Convention and the sincerity of belief; Proportionality: a closer analysis of the German PSPP judgment; Migration law: a case note on ND and NT v Spain; Review essay: Zglinski’s book on deference to member states 2021 Volume 17 177–367

Cambridge Core For further information about this journal please go to the journal website at: cambridge.org/euconst 2021/2

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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. 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.