mercoledì 4 settembre 2013

National Constitutional Courts, the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape


Maartje De Visser 


Singapore Management University ; Maastricht University, Department of International and European Law; Tilburg University

2013

Singapore Management University School of Law Research Paper No. 47/2013
14 Human Rights Review, pp1-14, Forthcoming, 2013 

Abstract:      
This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union (CJEU) and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several reasons that may result in better or a higher number of judicial interactions, as well as factors that may create tension or cause problems in the relationship between the CJEU and national constitutional courts. As such, it offers a framework that may help us to understand future post-Charter judgments by these courts setting out how they conceive their engagement with their counterpart(s) on fundamental rights issues.
Number of Pages in PDF File: 15
Keywords: Court of Justice of the European Union ˖ National constitutional courts

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