Dr Jan Komárek


Jan Komarek

Dr Jan Komárek
Associate Professor in EU Law

European Institute, Law Department

Tel:  44 0(20) 7955 6364
Email:  j.komarek@lse.ac.uk    
Room: COW 1.04                                   


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).

Research Interests

Jan is interested in the role of judicial institutions in the European integration and theories of European public law 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.
Besides this he has an interest in the study of legal rationality and reasoning and their broader social context; comparative constitutional law; and more recently, the politics of post-communist transformation in CE Europe and its meaning for the contemporary European Union.
Jan is also interested in the relationship between political economy and sociology of the European integration and its legal form. 

Selected Publications

‘National constitutional courts in the European Constitutional Democracy’ (2014) 12 International Journal of Constitutional Law 525-544;

‘Waiting for the Existential Revolution in Europe’ (2014) 12 International Journal of Constitutional Law  190-212;

‘The Place of Constitutional Courts in the EU’ (2013) 9 European Constitutional Law Review 420-450;

‘Reasoning with Previous Decisions: Beyond the Doctrine of Precedent’, (2013) 61 American Journal of Comparative Law 149-171; 

‘“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, also published in F. Fontanelli, G. Martinico and P. Carrozza (eds), Shaping Rule of Law Through Dialogue (Europa Law Publishing, Groningen 2010), 67-96

‘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.

‘Constitutional revolutions and the constituent power: A reply to Mark Tushnet’ (2015) 13 International Journal of Constitutional Law 1054-1058;

‘Europe’s democratic imaginary: Government by the people, for the people and of the people?’ (2015) 22 Maastricht Journal of European & Comparative Law 784-787 (guest editorial);

‘The Struggle for Legal Reform after Communism’ (2015) 63 American Journal of Comparative Law 601-612 (review article);


EU420 European Union Law and Government
EU421 Policy-Making in the European Union
EU435 History and Theory of European Integration
EU474 Contested Ideas in EU Law and Government