Judicial institutions in the new democracies established after the fall of communism in Central and Eastern Europe have become patterned on a transnational template that maximises judicial empowerment to the detriment of national parliaments. Through the influence of an elite, transnational community of interest, revisions to the judiciary have been implemented with little attention from politicians or the public. As a result, there has been a shift in the role of the judiciary from adjudication under the law towards improvising public policy. 'Transnational Networks and Elite Self-Empowerment' is an inquiry into why and how this could have come about, and what the implications are for democracy. Cristina Parau explores the processes by which the elites have used transnational networks as a means of self-empowerment, and how they have been able to entrench their minority influence within the constitutions of their countries.

This note is in reply to a review of my monograph Transnational Networks and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond (OUP 2018) by LSE Professor Conor Gearty, Vice-President of the British Academy titled The Courts in Europe Today: Subverting or Saving Democracy? published in European Constitutional Law Review 16 (2021) https://cup.org/2KcqRKi . I would like to express my gratitude to the British Academy for sponsoring the research underlying my monograph and to Prof. Gearty for reviewing it at such length. He is enviably qualified to draw on first-hand observation as a human rights lawyer to critique my reasoning and make the opposite case with passion. I will address his subtle blend of praise and blame for the sake of advancing our understanding of latent questions of the institutional Judiciary, its design and designers, which have not garnered the scholarly attention that many recent events urge. I hope my rebuttal may rise to the challenge of being commensurately incisive in the pursuit of the truth which we both seek, and that readers might discern a synthesis emerging which could supersede each of our contributions.

Judicial institutions in the new democracies established after the fall of communism in Central and Eastern Europe have become patterned on a transnational template that maximises judicial empowerment to the detriment of national parliaments. Through the influence of an elite, transnational community of interest, revisions to the judiciary have been implemented with little attention from politicians or the public. As a result, there has been a shift in the role of the judiciary from adjudication under the law towards improvising public policy. Transnational Networks and Elite Self-Empowerment is an inquiry into why and how this could have come about, and what the implications are for democracy. Cristina Parau explores the processes by which the elites have used transnational networks as a means of self-empowerment, and how they have been able to entrench their minority influence within the constitutions of their countries. Taking an inter-disciplinary approach, she builds a strong case through a deep analysis set against and supported by an extensive series of interviews with key political actors. This is a timely reminder of the need to pay attention to our democratic institutions and not to take for granted the foundations on which they are laid.

This book argues that European Union institutional mechanics and the EU as a political unit cannot be properly understood without taking into account the elites that make the policy decisions. Spurred by globalisation, technological and economic development has provided the backbone for social and political transformations that have changed the social structures that unite and differentiate individuals and groups in Europe and their interface with extra-European actors. These developments are not only exemplified by the rise of the EU, but also by the rise of a set of transnational European power elites evolving in and around the European construction. This book maps out these EU and international interdependencies and provides a comprehensive picture of the European transnational power elites. Moving away from the majority of literature on European integration dominated by economics, law, IR and political science, the volume is written from a sociological perspective that takes into account the individuals that make the policy decisions, the formal and informal groups in which s/he is included, as well as the social conventions that regulate political and administrative activities in the EU. This book will be of much interest to students of EU studies, sociology, critical security studies, and IR in general.

This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.

Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.

Building Transnational Networks tells the story of how a broad group of civil society organizations came together to contest free trade negotiations in the Americas. Based on research in Brazil, Chile, Mexico, the United States, and Canada, it offers a full hemispheric analysis of the creation of civil society networks as they engaged in the politics of trade. The author demonstrates that most effective transnational actors are the ones with strong domestic roots and that 'southern' organizations occupy key nodes in trade networks. The fragility of activist networks stems from changes in the domestic political context as well as from characteristics of the organizations, the networks, or the actions they undertake. These findings advance and suggest new understandings of transnational collective action.