Luigi Melica

The uncostitutional development of the European legal framework

  • Abstract

Informations and abstract

Keywords: European Union; EU; Court of Justice; Hierarchy; Constitutional Process; Treaty of EU; National Courts; Preliminary Ruling.

The Author traces a common interpretation line among the Coart of Justice's most known case-law - Taricco 1 and 2; OMT; Global Starnet; Traghetti del Mediterraneo cases - in order to individuate the issues that help the jurists to speak about a new form of constitutionalism in EU: the European Union starts working as a unique State and the Court of Justice seems like its own Constitutional Court (the Treaties being a sort of Constitution of the EU) that imposes itself on the Memeber States's legal orders, bent to obey in a sort of hierarchy. This form of Constitutionalism is - with no doubt - anomalus, so the Member States have two alternatives in order to satisfy and guarantee the well-being of its peoples: whether starting a new contitutional process that cover de jure what de facto is already going on by judiciary power of CJEU; whether fulfill the targets enshrined by the Treaties, avoiding the conviction of CJUE.

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