Constitutional Conflicts and the Third Pillar
(2008) 33 European Law Review 230-242
13 Pages Posted: 5 Jan 2010 Last revised: 20 Jun 2013
Date Written: April 1, 2008
Abstract
The paper considers the recent judgment of the ECJ in Advocaten voor de Wereld, which confirms the legality of the European Arrest Warrant Framework Decision. It examines whether the approach adopted by the Court contributes to the resolution of the constitutional conflict which arose after a number of highest Member States’ courts annulled the EU measure’s domestic implementations. The analysis in the paper demonstrates that the ECJ avoided the substantive review of the Framework Decision in the light of the general principles of fundamental rights and thereby impliedly recognised supremacy of third pillar law.
Keywords: European arrest warrant, Fundamental rights, National courts, Validity
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