Komárek, Jan


Dr Jan Komárek  

Department

Position held

European Institute

Department of Law

Lecturer in EU Law

Experience keywords:

European public law; European judicial process; comparative constitutional law

Research summary > [Click to expand]

Jan is interested in the role of judicial institutions in the European integration and theories of European constitutionalism in general. Contrary to some lawyers, he is not excited by "many interesting things you could do with the law", but rather the limitations of law and legal institutions - things that cannot be achieved by them. Examining such questions involves comparative institutional analysis and the "legal process school" approach, which takes inspiration from the work of constitutional scholars in the United States.

Sectors and industries to which research relates:

Law

Countries and regions to which research relates:

Europe; United States; EU Member States

Languages:

French [Spoken: Intermediate, Written: Intermediate]; Czech [Spoken: Fluent, Written: Fluent]

Media experience:

Has written for mainstream pressRadioTV

Contact Points

LSE phone number:

+44 (0)20 7955 6364

Publications

The following references are sourced from LSE Research Online|. References that are linked lead to the full text.

2013

Komárek, Jan (2013) Reasoning with previous decisions: beyond the doctrine of precedent. American journal of comparative law, 61 (1). pp. 149-171. ISSN 0002-919X

2012

Komárek, Jan (2012) Reasoning with previous decisions: beyond the doctrine of precedent. LSE law, society and economy working papers, 08-2012. The London School of Economics and Political Science, London, UK

Komárek, Jan (2012) Reasoning with previous decisions. In: Adams, Maurice and Bomhoff, Jacco, (eds.) Practice and theory in comparative law. Cambridge University Press, Cambridge, UK, pp. 49-73. ISBN 9781107010857

Komárek, Jan (2012) Institutional dimension of constitutional pluralism. In: Avbelj, Matej and Komárek, Jan, (eds.) Constitutional pluralism in the European Union and beyond . Hart Publishing, Oxford, UK, pp. 231-248. ISBN 9781849461252

Avbelj, Matej and Komárek, Jan, (eds.) (2012) Constitutional pluralism in the European Union and beyond. Hart Publishing, Portland, OR, USA. ISBN 9781849461252

Komárek, Jan (2012) Czech constitutional court playing with matches: the Czech constitutional court declares a judgment of the court of justice of the EU ultra vires; judgment of 31 January 2012, Pl. ÚS 5/12, Slovak Pensions XVII. European constitutional law review, 8 (2). pp. 323-337. ISSN 1574-0196

2011

Komárek, Jan (2011) Judicial lawmaking and precedent in Supreme Courts. LSE law, society and economy working papers, 04-2011. Department of Law, London School of Economics and Political Science, London, UK

2010

Komárek, Jan (2010) Institutional dimension of constitutional pluralism. Eric Stein Working Paper, 3/2010. Czech Society for European and Comparative Law, České Budějovice, Czech Republic

2009

Komárek, Jan (2009) Questioning judicial deliberations. Oxford journal of legal studies, 29 (4). pp. 805-826. ISSN 0143-6503

2008

Avbelj, Matej and Komárek, Jan (2008) Four visions of constitutional pluralism: symposium transcript. European journal of legal studies, 2 (1). pp. 325-370. ISSN 1973-2937

Avbelj, Matej and Komárek, Jan (2008) Four visions of constitutional pluralism. European constitutional law review, 4 (3). pp. 524-527. ISSN 1574-0196

Komárek, Jan (2008) Legal professional privilege and the EU’s fight against money laundering. Civil justice quarterly, 27 (1). pp. 13-22. ISSN 0261-9261

2007

Komárek, Jan (2007) Infringements in application of community law: some problems and (im)possible solutions. Review of European administrative law, 0 pp. 87-98. ISSN 1874-7981

Komárek, Jan (2007) European constitutionalism and the European arrest warrant: in search of the limits of "contrapunctual principles". Common market law review, 44 (1). pp. 9-40. ISSN 0165-0750

Komárek, Jan (2007) "In the court(s) we trust?" on the need for hierarchy and differentiation in the preliminary ruling procedure. European law review, 32 (4). pp. 467-491. ISSN 0307-5400

2005

Komárek, Jan (2005) Federal elements in the community judicial system: building coherence in the community legal order. Common market law review, 42 (1). pp. 9-34. ISSN 0165-0750

Komárek, Jan (2005) European constitutionalism and the European arrest warrant: contrapunctual principles in disharmony. Jean Monnet working papers, 10/05. Jean Monnet Center for International and Regional Economic Law & Justice, New York, USA

Komárek, Jan Judicial lawmaking and precedent in Supreme Courts: the European Court of Justice compared to the US Supreme Court and the French Cour de Cassation. In: The Cambridge Yearbook of European Legal Studies. , pp. 399-434. ISBN 9781841139579

LSE Research Online is the primary resource for references to publications. For queries or updates please email the LSE Research Online team at lseresearchonline@lse.ac.uk|.

Expert Image

Personal website

Short bio >

Jan Komárek studied law at Charles University in Prague (Mgr 2001, JUDr 2002), Stockholm University (LLM 2004) and University of Oxford (MSt 2007, DPhil 2011). He worked with the Czech Government Agent before the European Court of Justice at the Ministry of Foreign Affairs, Department of EC Law (2004-2006) and was a legal secretary to the President of the Czech Constitutional Court (2009-2010).

 

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