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Law of the European Union

At the heart of the Institute’s current research in EU law stands the European constitutional and rule of law crisis. A number of institutional projects deal with this topic. In 2012, researchers at the Institute developed the “Reverse Solange” approach, a new proposal how to deal with systemic infringements of fundamental rights in EU Member States. A recent project develops the concept of systemic deficiency in the rule of law. Building on this, several projects address the situation in a number of EU Member States, notably Hungary, Romania and Poland. A further project at the Institute compares the functions, doctrinal core concepts and institutional design of the European Court of Human Rights and the European Court of Justice, in particular in light of their constitutional dimension. In a first step, the selection of ECtHR and ECJ judges has been comparatively reconstructed.

In our research we understand European Union law as forming part of European law and develop it in the perspective of a Ius Publicum Europaeum in the European legal area. Our research is informed by a constitutional approach, which understands EU primary law as constitutional law, aims at establishing links with the discourse of liberal democratic constitutionalism and analyses the legal material from the perspective of constitutional theory and doctrine.