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Monika Polzin
Univ.Prof. Dr. Monika Polzin, LL.M. (NYU)
Head of the Institute
P +43-1-313 36-6470
F +43-1-313 36-90 6470
Building D3, 3rd floor, room 3.440
Consulting hours: by appointment per e-mail
Curriculum Vitae
1977: Born in Lahn/Gießen
1996–2001: Studied Law in Hanover, Kiel, and at the University of Surrey (England)
2002–2004: Research Assistant at the University of Basel
2004: Doctorate
2004-2006: Legal Clerkship at the Higher Regional Court of Munich
2006-2007: LL.M. studies at New York University School of Law as a Hugo Grotius Scholar
2007-2010: Lawyer in Munich
2010-2020: Professor (W 1) for Public Law with a focus on International Law at the University of Augsburg
2017: Habilitation at the Goethe University Frankfurt a.M., awarded the venia legendi for Public Law, International Law, and European Law
2017-2020: Visiting Professor at universities in Berlin, Potsdam, Göttingen, and Munich
2018-2020: Member of the Bavarian Constitutional Court
Since September 2020: University Professor of Public Law and Public International Law at the Vienna University of Economics and Business
2022: WU Best Paper Award for the article: "The Basic Structure Doctrine and its German and French Origins – A Tale about Migration, Integration and the Waters of Forgetfulness, Indian Law Review 2021", pages 45-61; Link
January 2024: Visiting Professor at the University of Malaya, Kuala Lumpur, Malaysia
Since January 2024: Head of the newly established Institute for the Internationalization of Law.
Publications
Prof. Dr. Monika Polzin, LLM. (NYU) regularly publishes in English, French, and German in renowned international and national (peer-reviewed) journals on topics related to International Law, European Law, and the vertical internationalization of law, among others in Germany, USA, and India. Her key publications include in particular: Emotion and the vertical separation of powers: Ultra-vires review by national (constitutional) courts, and EU and international law, Vienna Journal on International Constitutional Law (ICL), 2022, 16/3, 285-325; The Basic Structure Doctrine and its German and French Origins – A Tale about Migration, Integration and the Waters of Forgetfulness, Indian Law Review 2021, 45-61; Authentic Interpretations and International Courts: Like Tom and Jerry or Calvin and Hobbes?, Temple International and Comparative Law Journal (TEMPLE INT'L & COMP. L.J.) vol. 33/2, 2019, 247-278 and Constitutional Identity, Unconstitutional Amendments and the Idea of Constituent Power – the Development of the Doctrine of Constitutional Identity in German Constitutional Law, International Journal of Constitutional Law 2016, 411-434.
Recent Publications:
The German Eternity Clause, Hans Kelsen and the Malaysian Basic Structure Doctrine
Monika Polzin examines the recent use of comparative constitutional law by the Malaysian Federal Court in justifying on the existence of the basic structure doctrine in the Malaysian Constitution in The German Eternity Clause, Hans Kelsen and the Malaysian Basic Structure Doctrine.
Scope and Limits of the Interpretation of the Basic Law in Accordance with International Law, ZaöRV 83 (2023), 741
This article deals with the constitutional limits of interpretations of the German Basic Law in the light of public international law. To this end, it first presents the jurisprudence of the Second Senate of the German Constitu tional Court that has developed constitutional limits for the accommodation of public international law within the interpretation of the German Constitu-tion. The central assumption here is, that openness to international law can only be effective within the framework of the democratic and constitutional system of the Basic Law. However, two recent decisions of the First Senate call this approach into question. The triage decision of the First Senate of 16 December 2021, and the climate decision of 24 March 2021, point to a more creative and less restrictive approach to the use of international law when interpreting the German Basic law. Finally, it is argued that it is absolutely necessary to adhere to the constitutional limits established by the Second Senate, especially because of the danger of a possible autocratisation of international law. The openness of the Basic Law towards international law is not arbitrary, but in the words of the German Constitutional Court connected to "an international legal order that preserves freedom and peace".
Activities as a Speaker
Prof. Dr. Monika Polzin, LL.M. (NYU) regularly speaks about International Law and European Law as well as the vertical internationalization of law at national and international scientific conferences in Europe, Asia, and the USA.. In 2023, she gave a lecture at the “Staatsrechtslehrertagung” in Bochum (Germany) on the topic "Supranational and Cross-Border Administration – New Forms of the Exercise of Sovereign Power".
Current lectures in 2024 include:
"A Conversation on Doctrine of Basic Structure and Constitutional Democracy: The German and Malaysian Approach", Speakers: Prof. Emeritus Datuk Dr. Shad Faruqi and Prof. Dr. Monika Polzin, LL.M. (NYU), University of Malaya, Kuala Lumpur, January 26, 2024.
"Union Citizenship as a Legal Relationship", Conference: The Legal Relationship - A Change in Perspective in Public Law?, Administrative Court Vienna, March 21-22, 2024 (in German). (https://www.rechtsverhaeltnis.org/)
Expert Activities
Prof. Dr. Monika Polzin, LL.M. (NYU) regularly serves as an expert in International Law, European Law, and Constitutional Law for private and public institutions both domestically and internationally.
2022: Hearing in Brussels:
In the hearing of the Committee on Constitutional Affairs of the European Parliament on the issue "How to change the EU Treaties in order to achieve more gender equality in the EU", Professor Dr. Monika Polzin, LL.M. (NYU) made a statement as an expert. The link to the hearing can be found here. (09:23 to 09:32).
Current Press Contributions
Prof. Dr. Monika Polzin, LL.M. (NYU), is a regular contributor to the press on current issues in Constitutional, International and European law.
On November 19, 2023, a guest article on the war between Hamas and Israel was published in "Die Presse". The article discusses the risk to the UN's credibility due to its failure to condemn Hamas.
Guest article: Middle East: The UNO is playing with its credibility (in German)
Other important press and blog articles deal with the illegality of gender quotas in elections under constitutional (identity) and Union law. See for example: