Back and Forth Between Sovereignty and Constitutionalism: The Court of Justice’s Constitutional Case Law

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Authors
Publication date 12-2018
Journal European Constitutional Law Review
Volume | Issue number 14 | 4
Pages (from-to) 665-674
Number of pages 10
Organisations
  • Faculty of Law (FdR)
Abstract This essay seeks to explain the two contrary lines in the ECJ's case law: one that ignores some of the values of constitutionalism in order to assert mere primacy and autonomy (essentially being attributes of sovereignty) and another that seems to embrace constitutionalist values even if that arguably goes at the expense of autonomy and primacy. It does so in the context of the dynamics of the relations between the ECJ and national constitutional courts.
Document type Editorial
Language English
Published at https://doi.org/10.1017/S1574019618000445
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