Bulletin n. 1/2009
July 2009
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Forteau Mathias
    La CJCE et la Cour européenne des droits de l'homme face à la question de l'articulation du droit européen et du droit des Nations Unies. Quelques remarques iconoclastes
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 529, juin ,  2009 ,  397-402
    The community judge is not the only European judge to be facing the issue of the relationship of European law and United Nations law (and particularly the decisions of the Security Council passed in the area of peacekeeping). The issue is also debated before the european Court of Human Rights as shown by the ruling entered on may 2, 2007 in the Behrami and Saramati cases. The comparison of the solutions reached by those two European courts is interesting in that it helps better identify the gaps in the standard system relationship reasoning. It has two limits, in particular. By enclosing constitutional claims of European organisations in regional legal systems deemed to be fully sealed, that reasoning first challenges the very value of those claims and their aim to be universal. By choosing to place the debate on the formal field of legal system self sufficiency, it conceals the true stakes: the regional judge's ability to exercise his power in the area of exterior relationship and the effect that can only be produced on the extent of such power by the importance taken in these past years by the right to a judge.
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