Constitutional courts and transnational solidarity conflicts
The research project reconstructs conflicts over distribution and recognition within the EU, which have intensified during the Eurozone-crisis, as transnational solidarity conflicts. It analyzes particularly the role national and European constitutional courts play in these conflicts.
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Image: © Flavia Camilleri / PhotoVogue Collection / Art + Commerce

Conflict and conflict resolution
The Eurozone crisis is accompanied by a politicization of European governance. Transnational solidarity conflicts, which were pacified for a long time within the paradigm of a permissive consensus, have now developed a new quality. The tsc-project analyzes how these conflicts might be articulated and if constitutional courts may resolve them productively.
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Research material
The research projects deals with the role of constitutional and apex courts in Germany, Greece, Ireland, Italy, Portugal and Spain as well as on the EU-level. It analyzes more than 100 judgements with regard to their management of transnational solidarity conflicts in the context of the Eurozone crisis.
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Research aims
The tsc-project pursues three research aims: (1) to describe the dynamics of transnational solidarity conflicts and the institutional possibilities of their articulation; (2) to understand the consequences of tsc in the deep structures of national constitutional law; (3) to provide a normative yardstick for the role of constitutional courts in tsc.
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Affiliation
The research project is affiliated at the Goethe-University Frankfurt and will be conducted in an intensive collaboration with the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. It was launched on the 1st of March 2017 and is scheduled for five years.
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Image: : © Flavia Camilleri / PhotoVogue Collection / Art + Commerce
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Teresa Violante

Teresa Violante is a lawyer specialized in Constitutional Law. She is currently working as a research fellow in the Emmy-Noether research group “Transnational Solidarity Conflicts” on the role of constitutional courts in such conflicts. She has studied in Coimbra, Utrecht, Padova, London and Lisbon. She holds a European Master's Degree in Human Rights and Democratization from the Università Degli Studi di Padova. She has worked as a Law Clerk for the Portuguese Constitutional Court for over ten years. She has published widely on Constitutional Law and Comparative Constitutional Law.  Her research  focuses on the dialogic theories that frame the relationship between constitutional adjudication and the legislative branch.

 

Contact: violante@mpil.de

 

Selected publications:

  • “The Constitutional Performance of Austerity in Portugal” (with Patrícia André), in Tom Ginsburg, Mark D. Rosen and Georg Vanberg (eds.). Constitutions in Times of Financial Crisis. Cambridge: Cambridge University Press, 2019, 229-260.
  • “Constitutional Courts and national Parliaments in Spain and Portugal” (with Nuno Garoupa and Joan Solanes Mullor), in J. M. Fernandes and C. Leston-Bandeira (eds.). Iberian Legislatures in Comparative Perspectives. London: Routledge, 2019, 241-256.
  •  “The Portuguese Constitutional Court and its austerity case law”, in António Costa Pinto and Conceição Pequito (eds.). Political Institutions and Democracy in Portugal. London: Palgrave MacMillan, 2019, 121-143.
  • “La jurisprudence constitutionnelle portugaise et les questions qui divisent la société” (with Ana Rita Gil), in: D. Connil, D. Löhrer (eds.). 40 ans d’application de la Constitution portugaise. (n.p.): Institut Universitaire Varenne, 2017, 169-194.
  • “Austerity Measures under Judicial Scrutiny: the Portuguese Constitutional Case Law” (with Mariana Canotilho and Rui Lanceiro), 11 European Constitutional Law Review 2015, 155-183.
  • “The Portuguese Republic” (with Vera Eiró), in: L. Besselink et al. (eds.). Constitutional Law of the EU Member States. Deventer: Kluwer, 2014, 1299-1350
  • “Judicial Function in Context: Contextualising the Debate on Judicial Activism in the US Supreme Court and the European Court of Justice”, in: P. Barcelos. G. de Angelis (eds.). The Long Quest for Identity. Political Identity and Fundamental Rights Protection in the European Union. London: Peter Lang, 129-219.
  • “Concrete Control of Constitutionality in Portugal: A Means Towards the Effective Protection of Fundamental Rights” (with António Cortês), 29 Penn State International Law Review, 2011, 759-776.

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