We use cookies to ensure that we give you the best experience on our website. By continuing to browse this repository, you give consent for essential cookies to be used. You can read more about our Privacy and Cookie Policy.

Durham Research Online
You are in:

Opening Pandora's Box : some reflections on the constitutional effects of the decision in Pupino.

Spaventa, E. (2007) 'Opening Pandora's Box : some reflections on the constitutional effects of the decision in Pupino.', European constitutional law review., 3 (1). pp. 5-24.


Constitutional issues arising from the ruling in the Pupino case – Court of Justice holds that the duty of consistent interpretation applies also in relation to framework decisions – Analysis of the extent to which the doctrine of consistent interpretation can (and should) be transposed to the area of police and judicial cooperation in criminal matters – Consequences for possible extension of other constitutional doctrines elaborated in the context of the first pillar to the third pillar – Extent to which third pillar acts can become a vehicle for the enforceability of fundamental rights as general principles of Union law – The possibility of invoking Francovich damages for breaches of Union law – To what extent can the Pupino reasoning be extended to the second pillar?

Item Type:Article
Keywords:Pupino, Consistent Interpretation, Constitutional Effects, Framework Decision, Third Pillar, Francovich, Second Pillar, European Court of Justice, Fundamental Rights, European Union.
Full text:(VoR) Version of Record
Download PDF
Publisher Web site:
Publisher statement:© 2007 T.M.C.ASSER PRESS and Contributors. This paper has been published by Cambridge University Press in "European constitutional law review." (3: 1 (2007) 5-24)
Record Created:14 Mar 2012 14:20
Last Modified:23 Mar 2012 11:26

Social bookmarking: del.icio.usConnoteaBibSonomyCiteULikeFacebookTwitterExport: EndNote, Zotero | BibTex
Look up in GoogleScholar | Find in a UK Library