Jurisprudence of Constitutional Conflict in the European Union

A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law.

List of contents

• PART I - THEORISING CONSTITUTIONAL CONFLICT


• 1: Introduction


• 2: Theoretical framework: Constitutional pluralism


• 3: Constitutional pluralism as a descriptive theory


• 4: Constitutional pluralism as a normative theory


• PART II - THE JURISPRUDENCE


• 5: Ultra vires review


• 6: Identity review


• 7: Fundamental rights review


• PART III - CONCLUSIONS


• 8: Judicial triangles across case studies


• 9: Three lessons and a warning

About the author

Ana Bobić is a référendaire at the Court of Justice of the European Union to Advocate General Tamara Capeta. Until 2021, she was a Postdoctoral Researcher at the LEVIATHAN Project at the Hertie School, working on questions of legal accountability in EU economic governance, with a specific focus on the position of the individual in the Economic and Monetary Union. In 2018, she completed the DPhil at the Faculty of Law, University of Oxford as a Law Faculty Graduate Assistance Fund scholar. In Oxford, she was a lecturer in Constitutional and Administrative Law at Keble College.

Summary

A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law.

Product details

• Authors: Bobic , Ana Bobic, Ana (Referendaire Bobic, Ana Bobić
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 31.05.2022
• EAN: 9780192847034
• ISBN: 978-0-19-284703-4
• No. of pages: 320
• Series: Oxford Studies in European Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; POLITICAL SCIENCE / Constitutions, POLITICAL SCIENCE / International Relations / General, LAW / Courts, LAW / International, EU (European Union), International institutions, Constitution: government & the state, EU & European institutions, Constitution: government and the state, International law: courts and procedures, International courts & procedures