Dr Jan Komárek
European Institute, Law Department
Tel: 44 0(20) 7955 6364
Jan Komárek studied law at Charles University in Prague (Mgr. 2001, JUDr. 2002), Stockholm University (LL.M. 2004) and University of Oxford (M.St. 2007, D. Phil. 2011). He worked with the Czech Government Agent before the European Court of Justice at the Ministry of Foreign Affaires, Department of EC Law (2004-2006) and was a legal secretary to the President of the Czech Constitutional Court (2009-2010).
Jan is interested in the role of law 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. His research focuses on courts and legal reasoning and was published in American Journal of Comparative Law, Oxford Journal of Legal Studies and Common Market Law Review.
'Reasoning with previous decisions: beyond the doctrine of precendent' forthcoming in (2013), 61 American Journal of Comparative Law, Issue 1
'From comparing "precedent" to "reasoning with previous decisions"', in M.Adams and J.Bomhoff (eds), Practice and Theory in Comparative Law, (Cambridge University Press, Cambridge, to appear in Spring 2012), 49-73
'Institutional Dimension of Constitutional Pluralism' in J.Komarek and M.Avbelj (eds), Constitutional Pluralism in Europe and Beyond (Hart, Oxford, 2012), 231-247
'Judicial Lawmaking and Precedent in Supreme Courts: The European Court of Justice Compared to the US Supreme Court and the French Cour de cassation' (2008-2009) 11 Cambridge Yearbook of European Legal Studies 399-433
'Questioning Judicial Deliberations' (2009) 29 (4) Oxford Journal of Legal Studies 805-826
'"In the Court(s) We Trust?" On the Need for Hierarchy and Differentiation in the Preliminary Ruling Procedure' (2007) 32 European Law Review 467-496
'European Constitutionalism and the European Arrest Warrant: In Search of the Limits of "Contrapunctual Principles"' (2007) 44 Common Market Law Review 9-40
'Federal Elements in the Community Judicial System – Building Coherence in the Community Legal Order' (2005) 42 Common Market Law Review 9-34
EU420 European Union Law and Government
EU421 Policy-Making in the European Union