Marco Dani

The jurisdiction and role of national constitutional courts in the process of European integration: An Introduction

  • Abstract

Informations and abstract

Keywords: Constitutional Courts; European Integration; Court of Justice of the European Union; Centralized Judicial Review of Legislation; EU Charter of Fundamental Rights.

An updated assessment of the role of national constitutional courts in the process of European integration invites discussion on two interrelated topics. The first regards the impact of the "Simmenthal" doctrine on the jurisdiction of national constitutional courts in a context of ever expanding EU competences. The article introduces the debate on whether the existing terms of engagement between the European Court of Justice and national courts should be derogated in cases involving the application of the Charter of Nice with a view to rehabilitate constitutional courts in the protection of fundamental rights. The second topic addresses the role of constitutional courts and, notably, their actual capacity to challenge EU law in cases in which the latter encroaches on national constitutional principles.

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