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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.

Abstract

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:PDF - Published Version (96Kb)
Status:Peer-reviewed
Publisher Web site:http://dx.doi.org/10.1017/S1574019607000053
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) http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=968408
Record Created:14 Mar 2012 14:20
Last Modified:23 Mar 2012 11:26

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