Bulletin n. 1/2009 | ||
July 2009 | ||
Tsalpatouros Eva |
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Le précédent de la résistance des juges internes au droit communautaire | ||
in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 529, juin , 2009 , 403-407 | ||
Domestic judges' resistance to community law, which is an ordinary, much analysed topic, has gained renewed interest in the framework of the Kadi ruling analysis grid. The community judge intends to protect the constitutional legal system of the Community while overcoming the lack of any control over the compliance with basic rights by the Security Council's decisions. The Court of Justice offers a standard interpretation of the relationships of the systems such as analysed by constitutional law. It resists and raises the same questions as the Italian and German constitutional courts. The judges' dialogue generated by community experience helped to achieve an unprecedent balance in the framework of twin-sided monism. | ||