THE EUROPEAN ARREST WARRANT, THIRD PILLAR LAW AND NATIONAL CONSTITUTIONAL RESISTANCE - ACCEPTANCE The EAW Saga as Narrated by the Constitutional Judiciary in Poland, Germany, and the Czech RepublicReport as inadecuate




THE EUROPEAN ARREST WARRANT, THIRD PILLAR LAW AND NATIONAL CONSTITUTIONAL RESISTANCE - ACCEPTANCE The EAW Saga as Narrated by the Constitutional Judiciary in Poland, Germany, and the Czech Republic - Download this document for free, or read online. Document in PDF available to download.

Croatian yearbook of European law & policy, Vol.3. No.3. November 2007. -

Summary: In European societies of the early 21st century, the judicialisation of politics

and society seems to be ‘a partial aspect of societal evolution’. Politics has become

deeply judicialised and the judiciary has become profoundly involved in issues which

used to be the sole domain of ‘pure’ politics. Some talk of ‘the secular papacy’, ie the

judiciary of the Modern West playing the role of the 12th century papacy of the Medieval

Western World. Others criticise the rise of ‘juristocracy’ and the decline of popular

politics. Thus, it is not surprising that the phenomenon of ‘New Constitutionalism’

started to influence the emerging constitutionalisation of the European Communities in

the 1960s and 1970s. A specific regime of European ‘constitutional tolerance’ involves

constitutional and methodological pluralism among the Union and its Members,

including the plurality of views on what is, and whether there is any, Grundnorm of the

legal system, or who is the final arbiter of European Constitutionalism. This sort of

pluralism makes the domestic judicial acceptance of European doctrines a necessary

condition of the proper application of EU law. Thus, it is fair to say that the principle of

primacy of European law cannot be understood from the ECJ’s perspective only. Instead,

the primacy of EU law is formed by both the ECJ and national high courts.



Author: Zdeněk Kühn -

Source: http://hrcak.srce.hr/



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