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Belgium The Limits of Constitutional Dialogue for the Prevention of Reverse Discrimination Constitutional Court, Judgment 11/2009 of 21 January 2009

Published online by Cambridge University Press:  25 August 2009

Peter Van Elsuwege  and
Stanislas Adam
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Extract

On 21 January 2009 the Belgian Constitutional Court terminated a long-lasting dispute over the conditions for affiliation to the care insurance scheme established by the Flemish Community. What started out as a classical conflict over the division of competences in Belgium resulted in a discussion about the impact of European Community (EC) law on the constitutional autonomy of the member states. Despite the entanglement between Belgian constitutional law and EC law, the Flemish care insurance case reveals the different perspectives of both legal orders. In this case, the dialogue between the Belgian Constitutional Court and the European Court of Justice (ECJ) through the preliminary ruling procedure could not prevent reverse discrimination.

Keywords

BelgiumBelgian Constitutional CourtBelgian federal structureEuropean Court of JusticeReverse discriminationEU citizenshipFree movementRegional entitiesRegional autonomyDivision of competences
Type
Case Note
Information
European Constitutional Law Review , Volume 5 , Issue 2 , June 2009 , pp. 327 - 339
Copyright
Copyright © T.M.C. Asser Press and the Authors 2009

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