What is it about?
This paper examines whether and to what extent constitutional courts use EU law as a standard for their decisions and invalidate domestic legislation or courts’ decisions that conflict with EU law. It argues that constitutional courts should not be afraid to embrace EU law as a standard for review.
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Why is it important?
While most constitutional courts in Europe refuse to be the guardians of EU law, this paper argues that they should use EU law as a yardstick for constitutional review: Doing so would not only contribute to a better protection of fundamental rights and the rule of law in Europe, but would also further the interests of constitutional courts.
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This page is a summary of: Constitutional courts as European Union courts: the current and potential use of EU law as a yardstick for constitutional review, Maastricht Journal of European and Comparative Law, January 2018, SAGE Publications,
DOI: 10.1177/1023263x17747232.
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