Author: Franz Mayer

Title: The European Constitution and the Courts - Adjudicating European constitutional law in a multilevel system

Abstract:

This paper is about the role and the function of the European Court of Justice and the highest courts of the Member States and the relationship between the two levels of courts. The interplay of the respective courts is not only the subject of the study of European constitutional law doctrine, but the courts themselves are also active participants in the shaping of this same European constitutional law. The paper includes an assessment of the jurisprudence of the courts, followed by a theoretical breakdown of the case-law.

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