'The Rise of Procedural Rule of Law in the European Union - Historical and Normative Foundations'
Draft Chapter to be published in A Bakardjieva Engelbrekt et al., 30 Years After the Fall of the Berlin Wall: Rule of Law in the European Union (Hart Publishing, Oxford, 2021), Lund University Legal Research Paper No. 01/2020
24 Pages Posted: 12 Jun 2020
Date Written: May 18, 2020
The aim of the article is three-fold:
1) It engages and develops the theory of procedural rule of law into EU constitutional law. This theory was relied in EU Law by Pr. Claire Kilpatrick in the context of the Euro-area crisis (Oxford Journal of Legal studies, 2015).
2) It discusses the historical and normative roots of the doctrines of effet utile, effectiveness and effective judicial protection present in the ECSC and CJEU case law.
3) It puts into context and analyses the ruling of the German Constitutional Court in Weiss/PSPP delivered on the 5th of May 2020.
Keywords: Procedural Law, Rule of Law, Effet Utile, Effective Judicial Protection, Weiss, PSPP, German Federal Constitutional Court, ECB, EU Law, EU
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