The New Grammar of the European Judicial Constitutionalism
Keywords:
European Constitutionalism – Judges – Direct Effects – Consistent Interpretation – State Liability.Abstract
The work aims at analyzing the relation between fluctuating vicissitudes of the approval and ratification of the denominated Treaty of Lisbon, after the aborted attempt of European Constitutional Treaty, and the growing but powerful trend of material constitutionalism, promoted by the Court of Justice of the European Communities and differently accepted by the constitutional courts. This new constitutionalism is developed ratione cualitatis et cuantitatis in scopes unknown to the previous doctrine of the communitarian court and needs a new legal grammar, novel epistemological tools in order to establish a constant dialogue with the national courts. The European Sonderweg requires a critical comparison between systems, the national translation of the communitarian lexicon, as well as an even closer institutional cooperation that is going progressively extending beyond the judicial dialogue. It will be analyzed, therefore, the judicial policy and the new methodology of this new material constitutionalism.Downloads
Published
2009-09-29
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STUDIES
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