Results 11 to 20 of about 2,495 (263)
The Elusive Contours of Constitutional Identity: 'Taricco' as a Missed Opportunity
Utrecht Journal of International and European Law, 2020 The primacy of EU law continues to be challenged by domestic courts relying on the notion of constitutional identity. These challenges are no longer limited to the Solange case law of the German 'Bundesverfassungsgericht' (BVerfG) and the 'controlimiti ...
Robbert Bruggeman, Joris Larik
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Constitutional resistance to EU law: The courts and test of constitutional identity conflicts [PDF]
Pravni zapisi, 2020 This essay aims to analyze how national constitutional/supreme Courts address the evolution of the European integration process when this latter touches upon fundamental constitutional elements of the EU Member States. More specifically, the paper explores the recent case law concerning the issue of constitutional identity conflicts, in order to show ...
Galimberti, M, Ninatti, S
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The EU constitutional culture-what is missing
Iustinianus Primus Law Review, 2023 The EU has its own constitutional culture even though it does not have a constitution in the formal sense of the word. The formation of the EU constitutional culture is the result of the joint continuous acceptance of the legal, political, economic and ...
Tanja Karakamisheva Jovanovska +1 more
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National Identity and European Integration: The Unbearable Lightness of Legal Tradition
European Papers, 2016 (Series Information) European Papers - A Journal on Law and Integration, 2016 1(2), 383-393 | Overview | (Table of Contents) I. Introduction. - II. Legal Traditions and Fundamental Rights. - III. Legal Traditions and National Identity.
Luigi Corrias
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Reasoning, Interpretation, Authority, Pluralism, and the Weiss/PSPP Saga
European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(2), 1123-1150 | Article | (Table of Contents) I. Introduction. - II. National courts interpret EU law. - III. German Constitutional Court interprets EU law.
Davor Petric
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On Constitutional Rights and Political Choices
European Papers, 2019 (Series Information) European Papers - A Journal on Law and Integration, 2019 4(2), 563-572 | Dialogue | (Table of Contents) I. Introduction. - II. From rights to policies and the interplay between legislation and case law. - III.
Takis Tridimas
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NATIONAL AND INTERNATIONAL LEGAL AND CONSTITUTIONAL ORDER. CONVERGENT AND DIVERGENT [PDF]
Challenges of the Knowledge Society, 2023 The relationship between the national law and the EU law is interpreted differently, there are several doctrinal concepts and different jurisprudence solutions.
Marius ANDREESCU, Andra PURAN
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German Law Journal, 2023 What can the cultural study of law tell us about the European Union (EU)? How can we study the European political imagination? This paper demonstrates that the European political imagination is both composite and multifaceted. It is structured not merely
Signe Rehling Larsen
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Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej, 2022 The study addresses the issue of judicial independence from the perspective of EU law. As the system of protection of rights conferred by EU law is dualistic in nature, apart from exceptional cases in which individuals have a locus standi in direct ...
AGNIESZKA KASTELIK-SMAZA
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European Criminal Law as an Exercise in EU 'Experimental' Constitutional Law [PDF]
SSRN Electronic Journal, 2013 This contribution explores the evolution of European criminal law through the prism of EU constitutional law and its experimental elements. The paper charts the history of European criminal law by reflecting on the question of to what degree criminal law as an EU policy stands out from the other corners of EU law policies.
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