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Europe as a Space of Constitutional Interdependence: New Questions about the Preliminary Ruling

Published online by Cambridge University Press:  06 March 2019

Marta Cartabia

Extract

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The European continent has become a space of constitutional interdependence and consequently, national Constitutional Courts are now embedded in a constitutional fabric made of national constitutions, European Union (EU) law, European treaties, and conventions. This is all the more evident in the domain of fundamental rights.

Type
Conclusion
Information
German Law Journal , Volume 16 , Issue 6: Special issue – Preliminary References to the Court of Justice of The European Union by Constitutional Courts , December 2015 , pp. 1791 - 1796
Copyright
Copyright © 2015 by German Law Journal GbR 

References

1 Komárek, Jan, The Place of Constitutional Courts in the EU, 9 Eur. Const. L. Rev. 420 (2013).Google Scholar

2 Martinico, Giuseppe, The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe (2012).Google Scholar

3 The case was about the interpretation of the European Regulation of the arrest warrant in relation to criminal proceedings in absentia and was decided by the CJEU Grand Chamber. Case C–399/11, Stefano Melloni v. Ministerio Fiscal (Feb. 26, 2013), http://curia.europa.eu/.Google Scholar

4 French Conseil Constitutionnel, Decision 2013-314P QPC, 4 April 2013, Jeremy F. Google Scholar

5 Italian Constitutional Court, Order 207/2013 of 3 July 2013.Google Scholar

6 VfGH G 47/12-11 G 59/12-10 G 62, 70, 71/12-11, 28 November 2012. Eventually the case was decided by the CJEU. Joined Cases C–293/12 and C–594/12, Digital Rights Ireland and Seitlinger and Others (Apr. 8, 2014), http://curia.europa.eu/.Google Scholar

7 See, for instance, this Special Issue on The Preliminary Reference to the Court of Justice of The European Union by Constitutional Courts (Maria Dicosola, Cristina Fasone & Irene Spigno, eds.)Google Scholar

8 The Co-respondent and the prior involvement mechanisms are envisaged by Article 3 of the Draft Agreement-Council of Europe CDDH-UE (2011) 16 fin.Google Scholar

9 Joined Cases C–188/10 and C–189/10, Melki and Abdeli, 2010 E.C.R. I–05667.Google Scholar

10 Calabresi, Guido, Federal and State Courts: Restoring a Workable Balance, 78 N.Y.U. L. Rev. 1293, 1306 (2003).Google Scholar