Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values and Principles
SHAPING THE RULE OF LAW THROUGH DIALOGUE, Carrozza, ed., Europa Law Publishing, 2009
27 Pages Posted: 5 Aug 2009 Last revised: 11 Aug 2009
Date Written: July 31, 2009
This contribution seeks to analyze and clarify the relationship between international law and Community law in the light of the most recent jurisprudence of the ECJ regarding Article 307 EC.
The main argument that will be developed is that the ECJ has recently identified a new untouchable core of fundamental European constitutional law values and principles more explicitly and more forcefully than before by interpreting the obligations arising out of Article 307 (2) EC in an extremely extensive way. It is further argued that this new untouchable core of European constitutional law values and principles is actually copied from national constitutional law, which in turn illustrates the fact that the ECJ is increasingly performing the function of a true constitutional court of Europe.
Keywords: Article 307 EC, relationship international law and Community law, pre-accession obligations, hypothetical incompatibility, Kadi, BITs, very foundations of Community legal order, constitutionalization
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