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'Opening Pandora's Box: Some Reflections on the Constitutional Effects of the Decision in Pupino'

Spaventa, E.

'Opening Pandora's Box: Some Reflections on the Constitutional Effects of the Decision in Pupino' Thumbnail


Authors

E. Spaventa



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?

Citation

Spaventa, E. (2007). 'Opening Pandora's Box: Some Reflections on the Constitutional Effects of the Decision in Pupino'. European Constitutional Law Review, 3(1), 5-24. https://doi.org/10.1017/s1574019607000053

Journal Article Type Article
Publication Date Jan 1, 2007
Deposit Date Mar 14, 2012
Publicly Available Date Mar 23, 2012
Journal European Constitutional Law Review
Print ISSN 1574-0196
Electronic ISSN 1744-5515
Publisher Cambridge University Press
Peer Reviewed Peer Reviewed
Volume 3
Issue 1
Pages 5-24
DOI https://doi.org/10.1017/s1574019607000053
Keywords Pupino, Consistent Interpretation, Constitutional Effects, Framework Decision, Third Pillar, Francovich, Second Pillar, European Court of Justice, Fundamental Rights, European Union.

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