Results 1 to 10 of about 624 (163)
The Primacy of EU Law: Interpretive, not Structural
European Papers(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1255-1291 | Article | (Table of Contents) I. Introduction. – II. Defiance. – III. Primacy of what? – IV. Pluralism in action. – V. The incoherence of pluralism.
Pavlos Eleftheriadis
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Beijing Law Review, 2013 The principle of primacy of the EU law has been in force for almost 50 years and belongs to the fundamental principles of EU law. It signifies that in case of a conflict between EU law and the law of the Member States, the EU law prevails. Its fundamental goal is to assure a unified and effective application of EU law in all Member States.
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European Papers, 2023 (Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1447-1470 | Article | (Table of Contents) I. Introduction. - II. Orthodox views of parliamentary sovereignty. - II.1. Diceyan orthodoxy observed in Miller.
Ben Chester Cheong
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Legal Issues within EU and Member States concerning Bilateral Investments Treaties
Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law, 2021 The article’s aim is to analyse the legal issues concerning the compatibility with the EU law of Bilateral Investments Treaties concluded between Member States themselves (intra-EU BITs), on the one hand, and Member State
Annalisa Daniela Puppo
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Rethinking direct effect and its evolution: a proposal
European Law Open, 2022 This article revisits the present and future of the direct effect principle and submits solutions for its appropriate understanding and enforcement. Once the topic has been put into context and it has been shown why direct effect is an evolving notion ...
Daniele Gallo
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As Darkness Deepens: The Right to be Forgotten in the Context of Authoritarian Constitutionalism
German Law Journal, 2020 There is no point in denying the significance of the Right to be forgotten for the state of judicial dialogue in Europe. It vindicates the position of the BVerfG as a court deserving international recognition for advancing the law in the crucial field of
Matthias Goldmann
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From Law’s Discourse on Refugees to Refugees’ Discourse on Law
Redescriptions, 2021 The aim of this article is to shift the focus from legal discourses on refugees rooted in victimization/securitization narrative, which dominate in the EU, to an alternative perspective on the relationship between refugeeness and law.
Magdalena Kmak
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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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Sovereign Within the Union? The Polish Constitutional Tribunal and the Struggle for European Values
European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(2), 1117-1121 | Editorial | (Abstract) On 6 October 2021, the Polish Constitutional Tribunal (CT) delivered its much-awaited ruling in case K 3/21.
Enzo Cannizzaro
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Birlik Hukuku ve Anayasa Arasındaki İlişki
Ankara Avrupa Çalışmaları Dergisi, 2004 This article intends to analyze the relationship and interaction of EC/EU law withthe national constitutions of the old and new member states in the light of the legal andconstitutional issues and questions such as whether the constitutions of member ...
A. Füsun Arsava
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