Citizenship is an eminent example of the dynamic development of European constitutional concepts. From a status to which the member states wished not to attach any significant directly effective new rights, the Court of Justice has declared European citizenship to be ‘the fundamental status of nationals of the member states’ (Grzelczyck) and has given one of the prime citizenship rights, the freedom to reside in member states, direct effect. This development and in particular the interplay between constitutional developments at European Union and at national level regarding citizenship deserve reflection. We focus on the extent to which citizenship constitutes an exclusive bond with a political community which distinguishes those who are its members from those who are not.

Constitutional issues arising from the ruling in the Pupino case – Court of Justice holds that the duty of consistent interpretation applies also in relation to framework decisions – Analysis of the extent to which the doctrine of consistent interpretation can (and should) be transposed to the area of police and judicial cooperation in criminal matters – Consequences for possible extension of other constitutional doctrines elaborated in the context of the first pillar to the third pillar – Extent to which third pillar acts can become a vehicle for the enforceability of fundamental rights as general principles of Union law – The possibility of invoking Francovich damages for breaches of Union law – To what extent can the Pupino reasoning be extended to the second pillar?

Minimal constitutional amendment at accession forced constitutional courts in new member states to make great efforts to avoid conflicts with EC and EU law – The importance of expanding the equation of ‘co-operative constitutionalism’ beyond judicial actors, by involving political institutions – The case of constitutional amendment in Estonia and Latvia – The concern over fundamental rights protection versus EC market regulation in Hungary, Estonia and the Czech Republic – Co-operative constitutionalism beyond judicial dialogues.

History and background of the comitology system in the European Union – The continuing problem of the involvement of the European Parliament – The new comitology decision of the Council of Ministers: introduction of a comitology procedure concerning ‘quasi-legislative measures’ – Genesis of the 2006 reform: negotiations within the Council and with the Parliament – Accompanying political declarations – Evaluation: a substantial shift in the relations between the institutions in relation to law-making.

History of the Czech presidency – Constitutional status of the President – Personal powers and powers subject to countersignature by the Premier – Presidency of V. Havel and V. Klaus – Emerging constitutional conventions – Appointment of judges – Resignation of Ministers and Appointment of Premier – Legislative veto – Moderation of the constitutional system rather than implementation of a political programme – Importance of the political context – Parliamentarianism with a relatively influential President.

Access to state-held information essential in a democratic society – Traditional reluctance of the European Court of Human Rights to apply Article 10 European Convention on Human Rights in access to information cases – Positive obligations and new perspectives: initiatives within the Council of Europe – Parallel with the Inter-American Court of Human Rights – Sdruženi Jihočeské Matky decision of the European Court: the beginning of a new era?