The evolution of constitutionalism in the post-communist countries of Central and Eastern Europe: some lessons for the post-Soviet space

The chapter will start with a discussion of the post-1989 process of constitutionmaking, with an emphasis on the widespread adherence in the region to a model of legal or ‘new’ constitutionalism. Second, the EU enlargement process will be related to constitutional trajectories in Central and Eastern Europe, while, third, the role of the EU Charter of Fundamental Rights, and, fourth, the complex nature, and the persistence, of national sovereignty in the context of EU law will be discussed, on the basis of relevant judgments. Fifth, the recent illiberal developments and their signifi cance for constitutionalism in some countries (Poland, Hungary) will be identifi ed. In the concluding section, some potential lessons for post-Soviet neighbourhood countries will be outlined.