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 specialising in Constitutional Law. She is currently writing her PhD dissertation at Friedrich-Alexander-University Erlangen-Nürnberg. She is the Director of the Institute of the Global Rule of Law of the European Public Law Organization and a Guest Lecturer at Universidade Lusófona (Lisbon). 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 extensively on Constitutional Law and Comparative Constitutional Law.  Her research focuses on the relationship between constitutional adjudication and the legislative branch. 

 

Contact: violante@mpil.de

 

Selected publications:

  • "Judicial Accountability of Financial Assistance in the Case of Eurozone Debtor Countries", in Mark Dawson (ed.) Substantive Accountability in Europe's New Economic Governance. Cambridge: Cambridge University Press, § 11, 2023, 240-266.
  • “Portugal: From Transformative to Open Constitutionalism”, in: Marco Dani, Marco Goldoni, Agustín Menendéz (eds.). The Legitimacy of European Constitutional Orders. A Comparative Enquiry. Edward Elgar, 2023, 113-136.
  • “Access to Health Care by Migrants with Precarious Status During a Health Crisis: Some Insights from Portugal” (with Vera Lúcia Raposo), Human Rights Review, 22, 2021, 459-482.
  • “Constitutional Adjudication as a Forum for Contesting Austerity: The Case of Portugal”, in: Anuscheh Farahat e Xabier Arzoz (eds.). Contesting Austerity. A Socio-Legal Inquiry. Oxford: Hart Publishing, 2021, 173-190.
  • “Bring Back the Politics: The PSPP Ruling in Its Institutional Context”, in German Law Journal, 21, 2020, 1045-1057.
  • “Data Retention in Portugal”. In: Marek Zubik, Jan Podkwik and Robert Rybski (eds). European Constitutional Courts Towards Data Retention Laws. Cham: Springer, 2020, 175-187.

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