Tag: Supremacy Claims of European Law
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Pavlos Eleftheriadis: The Constitutional Status of ‘Separation Law’
The European Communities Act 1972 caused an important and beneficial transformation to the British constitutional settlement. It made clear that some acts of Parliament have higher legal significance than others. This was recognised by the British courts in the case of Factortame. Many scholars believe that this was a legal ‘revolution’. I disagree. A better…
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Theodore Konstadinides: The German Constitutional Court’s decision on PSPP: Between mental gymnastics and common sense
The 5th of May 2020 will be remembered as a strange day for EU law and German constitutionalism. The German Constitutional Court upheld the constitutional complaints by several groups of individuals against the European Central Bank’s Public Sector Purchase Programme (PSPP). As explained in yesterday’s post by Thomas Horsley, the PSPP set up a framework…
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Thomas Horsley: Karlsruhe Bites Back: The German Federal Constitutional Court’s PSPP Judgment
On 5th May 2020, the German Federal Constitutional Court (GFCC) upheld a series of constitutional complaints that the German Federal Government and Bundestag had violated the Basic Law’s guarantees on democratic legitimation by failing to challenge the validity of the European Central Bank’s (ECB’s) Public Sector Purchase Programme (PSPP) – an initiative established in 2015…
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Paul Craig: The Withdrawal Bill, Status and Supremacy
The House of Lords Constitution Committee’s Report on the European Union (Withdrawal) Bill, HL Paper 69, is a valuable document, with many important insights and recommendations for improvements to the current version of the Bill. This comment relates solely to the Committee’s recommendations concerning the status of retained EU law in a post-Brexit world and…
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Nick barber: The Brexiteers: Right Answer, Wrong Question
Cross-posted from I-CONnect blog. Towards the end of the 1990s I was invited to a workshop just outside of Berlin at which a group of young academics gathered to discuss the future of the European Union. The workshop was funded by a German think-tank that had generously, if perhaps misguidedly, provided significant amounts of food…
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Dorota Leczykiewicz: Melloni and the future of constitutional conflict in the EU
Constitutional conflict is a leitmotif of the relationship between EU law and national law. Courts of EU Member States are under a dual obligation of loyalty. On the one hand, they need to apply and respect their own laws, but on the other, they also need to ensure effectiveness of norms of the EU legal…