Jurisdictional Diversity and Constitutional Rights Adjudication: The Effects of European Integration on the Relationship between National Judiciary and the Constitutional Court

Authors

  • Miryam Rodríguez-Izquierdo Serrano

DOI:

https://doi.org/10.18042/cepc/redc.107.04

Keywords:

Constitutional adjudication, Spanish Constitutional Court, Court of Justice of the European Union, judicial power, constitutional rights, Charter of Fundamental Rights of the European Union, effective judicial protection, preliminary reference

Abstract

Spanish constitutional system for the protection of constitutional rights and European Union system for the judicial enforcement of EU law, including the Charter, have one thing in commom: national ordinary courts. In both systems, the Constitutional Court and the Court of Justice are also especial and supreme guarantors of the fundamental rights, as proclaimed either in the Constitution or in the Charter. Crossroads and intersections in procedures are unavoidable. This article analyses what happens and how those systems of enforcement are altered whenever they meet.

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How to Cite

Rodríguez-Izquierdo Serrano, M. (2016). Jurisdictional Diversity and Constitutional Rights Adjudication: The Effects of European Integration on the Relationship between National Judiciary and the Constitutional Court. Revista Española De Derecho Constitucional, (107), 117–150. https://doi.org/10.18042/cepc/redc.107.04

Issue

Section

STUDIES

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