Case law

Article Abstract:

The opinion of the European Court of Justice is interesting for the change of the test it applies in order to assess when an implied external competence of the European Court (EC) has become exclusive. The Court stated that the mere existence of a disconnection clause in a treaty might provide an indication that Community law might be affected, rather than being of the opinion that the disconnection clause helps to avoid a conflict between the treaty in question and Community law.

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Supremacy without pre-emption? The very slowly emergent doctrine of community pre-emption

Article Abstract:

The two constitutional principles, the twin doctrines of supremacy and preemption that structure the Community's shared competences are investigated. There is no supremacy without pre-emption and hence the two doctrines are very important for any federal legal order with overlapping legislative spheres.

Analysis, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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Present and future European judicial problems after enlargement and the post-2005 ideological revolt

Article Abstract:

The article discusses some of the present and future problems facing the European Union's judicial system.

Justice, Public Order, and Safety Activities, Judicial & Police Procedures, Evaluation, European Union, Judicial process

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