Narratives of Constitutionalization in the European Union Court of Justice and in the European Court of Human Rights’ Case Law
-
Maurizio Arcari
and
Stefania Ninatti
Abstract
Constitutionalization is a peculiar process which characterizes the whole fabric of modern international law. It may however display different levels of evolution and different implications when distinct legal sub-systems are considered: this appears to be especially true at the European level, in particular in the context of the European Union law and of the European Convention on Human Rights. This article aims at unveiling the key elements of the constitutionalization process as developed by the judges sitting in Luxembourg and Strasbourg. In their relevant case law, both the EU Court of Justice (ECJ) and the European Court of Human Rights (ECtHR) have identified the core concepts and elements lying behind the constitutionalization of their respective legal systems. The analysis of the ECJ and ECtHR case law will be divided into two different parts dealing with the internal dimension from one side, and external one from the other side. While presenting nuances and implications that are linked to the diverse degree of integration of the two legal systems, it may be submitted that the core elements of constitutionalization depicted by the Luxembourg and Strasbourg judges reveal some common patterns.
Article Note
Parts 1, 2 and 3.1 were drafted by Stefania Ninatti; parts 3.2, 4 and 5 were drafted by Maurizio Arcari.
© 2017 Walter de Gruyter GmbH, Berlin/Boston
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- Frontmatter
- Articles
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Articles in the same Issue
- Frontmatter
- Articles
- On the Relationship between International Law and International Constitutionalism
- Narratives of Constitutionalization in the European Union Court of Justice and in the European Court of Human Rights’ Case Law
- A Single Spark Can Start a Prairie Fire
- Constitutional Developments
- Austrian Constitutional Court: The Annulment of the Run-off for the Presidency
- Austrian Constitutional Court: Presidential Election – Analysis in the Light of the previous Jurisdiction of the Constitutional Court
- Austrian Constitutional Court: Presidential Election – Violation of the Principle of Free Elections
- Austrian Constitutional Court: Presidential Election – Counterevidence and Influence of New Media
- Austrian Constitutional Court: Vegan Landowner Must Tolerate Hunting on his Property
- Hungarian Constitutional Court: The Limits of EU Law in the Hungarian Legal System
- Bosnian Constitutional Court: Unconstitutionality of the ‘Day of the Republic’
- Book Review
- Khaitan Tarunabh: A Theory of Discrimination Law
- David Kennedy: A World of Struggle: How Power, Law, and Expertise Shape Global Political Economy
