This course focuses on the legal culture of Central Europe, particularly on Poland, Hungary and the countries of former Czechoslovakia (but also countries of former Yugoslavia and the South East Balkans). We would briefly explain the origins of Central European judicial culture. After this historical introduction, we would deal with the communist legal culture as developed in the four decades of Eastern European communism and with its impact on the transforming Central European legal cultures after 1989. We would compare various features of legal and judicial culture and its ideology in Central Europe with Western European legal culture.. Last but not least we will deal in detail with democratic backsliding and the birth of illiberal political systems in the region.
Upon completion of this course, students will be able to:
get basic orientation in the legal systems of Central Europe and the EU
get basic information about the legal and constitutional systems in the region and will be able to understand the problems liberal democracies face in Central Europe
will become familiar with the region’s past and current problems vis-à-vis law and human rights
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
This course focuses on the legal culture of Central Europe, particularly on Poland, Hungary and the countries of former Czechoslovakia (but also countries of former Yugoslavia and the South East Balkans). We would briefly explain the origins of Central European judicial culture. After this historical introduction, we would deal with the communist legal culture as developed in the four decades of Eastern European communism and with its impact on the transforming Central European legal cultures after 1989. We would compare various features of legal and judicial culture and its ideology in Central Europe with Western European legal culture.. Last but not least we will deal in detail with democratic backsliding and the birth of illiberal political systems in the region.
Upon completion of this course, students will be able to:
get basic orientation in the legal systems of Central Europe and the EU
get basic information about the legal and constitutional systems in the region and will be able to understand the problems liberal democracies face in Central Europe
will become familiar with the region’s past and current problems vis-à-vis law and human rights
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
Requirements to the exam -
1. In class open book exam (the students will be given the choice of several topics and choose one to write an exam).
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
1. In class open book exam (the students will be given the choice of several topics and choose one to write an exam).
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
Syllabus -
The subject covers following topics:
1. The Concept of Europe • The Historical Emergence of Eastern Europe • The Emergence of Central and Eastern European Legal Tradition • The Issue of Human Rights in the Region
2. Marxism and Law • Positivism or Anti-Positivism? • The Role of Judges and Law in Marxist Theory
3. The Practice in the 1950’s: The Stalinist Judicial Culture: General Features, its Central European Variations • The Emergence and the Decline of Communist Anti-Positivism • Emancipation Thesis alas Some Positive Features of the Communist Legal Culture
4. The Practice in the 1970’s and 1980’s: Communist Post-Stalinist Legal Culture in Central Europe • Making a Post-Stalinist Ultra-Positivism
5. The 1990s and the Early 2000s: The Transformation of Post-Communist Legal Systems • Dealing with the Communist Crimes • Lustration • Judiciary
6. Constitutional Courts of Central Europe • The Transformation of the Legal System via Constitutional Adjudication • The Emergence of New Constitutionalism
7. – 8. Democratic Backsliding • The Fall of New Constitutionalism • The Rise of New Authoritarianism • Poland and Hungary • The Power of the EU • European Court of Human Rights and Democratic Backsliding
9-10. Constitutional Systems of the New EU Countries: Bulgaria, Romania, Croatia (Lectures by Professor Hofmann)
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
The subject covers following topics:
1. The Concept of Europe • The Historical Emergence of Eastern Europe • The Emergence of Central and Eastern European Legal Tradition • The Issue of Human Rights in the Region
2. Marxism and Law • Positivism or Anti-Positivism? • The Role of Judges and Law in Marxist Theory
3. The Practice in the 1950’s: The Stalinist Judicial Culture: General Features, its Central European Variations • The Emergence and the Decline of Communist Anti-Positivism • Emancipation Thesis alas Some Positive Features of the Communist Legal Culture
4. The Practice in the 1970’s and 1980’s: Communist Post-Stalinist Legal Culture in Central Europe • Making a Post-Stalinist Ultra-Positivism
5. The 1990s and the Early 2000s: The Transformation of Post-Communist Legal Systems • Dealing with the Communist Crimes • Lustration • Judiciary
6. Constitutional Courts of Central Europe • The Transformation of the Legal System via Constitutional Adjudication • The Emergence of New Constitutionalism
7. – 8. Democratic Backsliding • The Fall of New Constitutionalism • The Rise of New Authoritarianism • Poland and Hungary • The Power of the EU • European Court of Human Rights and Democratic Backsliding
9-10. Constitutional Systems of the New EU Countries: Bulgaria, Romania, Croatia (Lectures by Professor Hofmann)
Last update: Šicnerová Barbora, Mgr. (13.05.2025)
Learning resources -
Basic literature:
Kühn, Z. The Judiciary in Central and Eastern Europe: Mechanical Jurisprudence in Transformation, Martinus Nijhoff 2011 (excerpts)
Other literature:
C. Davies, Hostile Takeover: How Law and Justice Captured Poland’s Courts, Freedom House, May 2018
Last update: Šicnerová Barbora, Mgr. (28.08.2025)
Basic literature:
Kühn, Z. The Judiciary in Central and Eastern Europe: Mechanical Jurisprudence in Transformation, Martinus Nijhoff 2011 (excerpts)
Other literature:
C. Davies, Hostile Takeover: How Law and Justice Captured Poland’s Courts, Freedom House, May 2018
