Constitutional Consciousness: In Search of a Remedy for the Crisis of Discourse and Democracy Deficit in the European Union (Dia-Logos)

Cover\nHalfTitle\nSeries Page\nTitle Page\nCopyright Page\nTable of Contents\nIntroduction: A Typically European Approach…?\nBibliography\nPart I\nThe Role of Democratic Thinking in the Shaping of Legal Awareness and Legal Recognition1\n	1. Introduction\n	2. Deliberative democracy as a requirement for responsive legal policy\n	3. Legal recognition as a component of civil society\n	4. The idea of constitutional patriotism as an expression of citizen solidarity\nBibliography\nNational Identity: Constitutional Patriotism or Dialogue on Values1\n	1. Introduction\n	2. Explaining the concept of the national identity clause\n		2.1. Historical developments establish a legal framework for national identity\n		2.2. The content of the concept of the national identity clause\n		2.3. The place of the national identity clause in the EU legal system\n		2.4. National identity and the principle of EU law primacy\n		2.5. National and/or constitutional identity\n	3. Challenges to the judicial application of the national identity clause\n		3.1. Adjudication on national identity as a duality of competences\n		3.2. Cooperation, balance of competence and proportionality test\n		3.3. Preliminary reference procedure\n	4. Examples of application of the national identity clause\n		4.1. Actions of annulment\n		4.2. Actions for failure to fulfil obligations\n		4.3. References for preliminary rulings\n	5. National profile: Lithuania\n	6. Conclusions\nBibliography\nThe Margin of Appreciation – a Safety Anchor for Constitutional Identity in Semiotic and Legal Contexts1\n	1. Introduction\n	2. Identity issue\n	3. The margin of appreciation as a limiting tool\n	4. A (Polish) case study – an illustration\n	5. Conclusions\nBibliography\nThe Political Versus Proportionality – Methods of Justifying Conflicts of Constitutional Values1\n	1. Introduction\n	2. Proportionality\n	3. The political\n	4. Conclusion\nBibliography\nThe Indifference of Law to Literature1\n	1. Law and literature: The formation of identity\n	2. The literary image of legal consciousness\n	3. Imagination as part of the relationship between law and literature\n	4. Literature and relationship to the identity of law\n	5. Context of interpretation\n	6. Conclusion\nBibliography\nPart II\nThe Limits to Constitutional Amendments and the Question of Constitutional Identity and Citizens’ Consciousness (the Polish case)1\n	1. General remarks\n	2. Constitutional consciousness\n	3. Limits to Polish Constitution amendments\n	4. Constitutional identity and substantive limits to constitutional amendments\n	5. Constitutional power and the scope of constitutional amendments\n	6. Final remarks\nBibliography\n“Tempering Steel” – on Shaping the Standard of Interpretation of the Convention as Exemplified by the Legal Recognition of Same-Sex Relationships1\n	1. “How steel was tempered”9 – on shaping the standard of interpretation of Article 8 of the Convention regarding same-sex relationships\n	2. “A Hunter’s Sketches”29 – or the technique of building an interpretation standard\n	3. “Marriage”32 – or the finalité of the development of the standard of interpretation of Article 8 ECHR regarding same-sex relationships\n	4. “Tomorrow morning”42 – or how can events go on? (instead of conclusions)\nBibliography\nFreedom of the Rule of Law-Promoting Expression of Prosecutors under European Law1\n	1. Introduction\n	2. The European Court of Human Rigths case Kövesi v. Romania\n	3. The rule of law under the Convention and EU law\n		3.1. Convention\n		3.2. EU law\n	4. Protection of the freedom of expression under the Convention\n		4.1. Specifics of different categories of information\n		4.2. Specifics of expression serving rule of law-promoting aims\n		4.3. No office v. private distinction\n		4.4. Specifics of judges\n		4.5. Specifics of prosecutors\n	5. The link between judicial independence and the freedom of expression under the Convention\n	6. Prosecutors as judicial authority under EU law\n	7. Conclusion\nBibliography\nRight of Access to Justice in Environmental Matters as One of the Forms of Public Participation in Governance and an Instrument for Upholding the Values of the European Union\n	1. Introduction\n	2. The Identification of European Union values\n		2.1. The notion of a value of the European Union\n		2.2. Environmental protection – an European Union value\n	3. The concepts of the public and the public concerned\n	4. Public participation in environmental decision-making\n		4.1. The scope of the rights of the public in the area of environmental protection\n		4.2. The right of access to justice as security for the effectiveness of public participation in environmental decision-making\n		4.3. Public participation in addressing environmental issues – an important guarantee of public participation in public governance\n	5. Conclusions\nBibliography\nParticipatory Budgeting as a Tool for Increasing Constitutional Awareness1\nBibliography