Spanish Constitutional Court and European Union Law, 2006-2008.
Keywords:
Spanish Constitutional Court, judicial application of EU law, human rights, European arrest warrant, EU law, Spanish regional governments (Comunidades Autónomas).Abstract
This article analyses the evolution of Spanish Constitutional Court case law concerning European Union legislation between 2006 and 2008. This period was marked by a crisis regarding a Treaty establishing a European Constitution and the new Treaty of Lisbon – which was yet to enter into force. During this period, constitutional case law continued along the same lines as before regarding the control exercised by the Constitutional Court over negative decisions of lower court judges with respect to the referral of preliminary cases. However, the Constitutional Court has begun to refer to the Charter of Fundamental Rights of the European Union through article 10.2 of the Spanish Constitution. Also in the area of human rights, a notable increase took place in appeals about the third pillar of the EU. This was in contrast to a reduction in judicial reviews of the application of EU law to Spanish regional governments (Comunidades Autónomas) – with the exception of a significant conflict regarding tax holidays in the Basque region.Downloads
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Published
2010-02-24
How to Cite
LÓPEZ-JURADO, C., & CUESTA RICO, F. (2010). Spanish Constitutional Court and European Union Law, 2006-2008. Revista De Derecho Comunitario Europeo, (34). Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/46026
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JURISPRUDENCE
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