Bullettin n. 1/2011
June 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Pliakos Astéris
    La fonction communautaire/européenne du juge national mise en question
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 545, février ,  2011 ,  79-95
    When asked to review the compatibility of the Lisbon Treaty with the Constitution, the German Constitutional Court questioned the community role of domestic judges. According to the ruling handed down on June 30, 2009, the Constitutional Court developed an unorthodox interpretation of the European Union's legal system. According to that interpretation, the European legal system, in spite of being self-sufficient, is a legal system that is derived from the German legal system. That approach supports similar positions by other constitutional judges and directly affects the principles of the precedent, direct effect and efficient implementation of the European Union's law. Nonetheless, the Court of Justice's decision to stick to it firmly seems to have prompted the German Constitutional Court to reassess its position so as to affect the domestic judge's European role less seriously.
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