How Interpretation Techniques Can Shape the Relationship between Constitutional Courts and the European Union - A Comment on the Spanish Tribunal Constitucional's Judgment No 199/2009 and the Czech Constitutional Court’s Judgment No 29/2009

King’s Law Journal, Vol. 21, No. 2, pp. 371-392, 2010

22 Pages Posted: 5 Oct 2010

See all articles by Filippo Fontanelli

Filippo Fontanelli

University of Edinburgh - School of Law

Date Written: October 4, 2010

Abstract

The purpose of this essay is to provide a detailed examination of two recent decisions issued by the constitutional courts of two Member States of the European Union (hereinafter ‘EU’). These decisions raise a series of issues regarding the process of integration of the Union since, in both cases, the courts appear to take on the role of guardians of the constitutional domestic system and act as reviewers of the Union’s policies.

Keywords: Tribunal Constitucional, Czech Constitutional Court, human rights, judicial dialogue, Lisbon Treaty, European Arrest Warrant

Suggested Citation

Fontanelli, Filippo, How Interpretation Techniques Can Shape the Relationship between Constitutional Courts and the European Union - A Comment on the Spanish Tribunal Constitucional's Judgment No 199/2009 and the Czech Constitutional Court’s Judgment No 29/2009 (October 4, 2010). King’s Law Journal, Vol. 21, No. 2, pp. 371-392, 2010, Available at SSRN: https://ssrn.com/abstract=1687253

Filippo Fontanelli (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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