National Constitutional Courts in supranationallitigation: A contextual analysi s
- Autores: Marco Dani
- Localización: European Law Journal, ISSN-e 1468-0386, Vol. 23, Nº. 3-4, 2017, págs. 189-212
- Idioma: inglés
- Enlaces
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Resumen
The article examines the role of national constitutional courts in supranational litigation. It firstly illustrates theirvalue and situates well‐known judicial doctrines affecting their jurisdiction in the context of the normative claims,policy agenda and institutional framework promoted by the European Union. Against this background, it gaugesthe potential of national constitutional courts in countering the process of intergovernmental and technocraticencroachment of national constitutional democracies characterising the most recent evolutionary stages of theEuropean integration process. It is claimed that constitutional courts are in the position of reinforcing, resistingor correcting Union measures with a detrimental impact on national constitutional principles. After having identi-fied in correction the approach more coherent with their constitutional mandate, the article highlights a disturbingparadox: in remaining faithful to their constitutional role, constitutional courts contribute to the sustainability of acomprehensive institutional setting corroding the idea of constitutional democracy on which they are premised.
