Systematic criteria can be considered as the most important inter- pretative tools in the case law of the Court of Justice of the EU (CJEU). According to Miguel Maduro the very idea of constitutional pluralism implies the possibility of conflicts between different con- stitutional poles. Often these antinomies have been solved by relying on systematic criteria in the case law of the CJEU. In order to show the importance of these criteria I shall present the example of proportionality, described as a systematic, flexible, and residual technique for the solution of interpretative conflicts. In a second moment, relying on Tridimas, I shall also show how proportionality, being a flexible systematic criterion, is also useful to tame th...
This Article presents a functional explanation of recent developments regarding the method of consti...
Abstract: The judicial dialogue represents a privileged perspective for studying the relations betwe...
At national level, the use of principles and rules correlated with proportionality and reasonablenes...
Systematic criteria can be considered as the most important inter- pretative tools in the case law ...
La doble prejudicialidad es un nítido exponente de las dificultades que comporta articular de manera...
This article is divided into three parts. The subject is the complex connections between the test ba...
Given the current complexity of performing a comparative analysis of European Union Law and Andean C...
The aim of the thesis is to address the jurisprudence of constitutional conflict between the Court o...
The article analyzes the application of the principle of proportionality, or rather of the proportio...
This paper will distinguish between three ways in which courts may apply the norms of a constitution...
The law focusing on life sciences and on human health is characterised by significant tensions that ...
This article deals with the questions concerning the system of multi-level protection of rights in ...
This article addresses the use of foreign law in constitutional adjudication. We draw on the ideas o...
The article analyses cases of non-application of a national legal rule by cassation court judges hea...
The principle of proportionality is used in almost all constitutional jurisdictions as a parameter f...
This Article presents a functional explanation of recent developments regarding the method of consti...
Abstract: The judicial dialogue represents a privileged perspective for studying the relations betwe...
At national level, the use of principles and rules correlated with proportionality and reasonablenes...
Systematic criteria can be considered as the most important inter- pretative tools in the case law ...
La doble prejudicialidad es un nítido exponente de las dificultades que comporta articular de manera...
This article is divided into three parts. The subject is the complex connections between the test ba...
Given the current complexity of performing a comparative analysis of European Union Law and Andean C...
The aim of the thesis is to address the jurisprudence of constitutional conflict between the Court o...
The article analyzes the application of the principle of proportionality, or rather of the proportio...
This paper will distinguish between three ways in which courts may apply the norms of a constitution...
The law focusing on life sciences and on human health is characterised by significant tensions that ...
This article deals with the questions concerning the system of multi-level protection of rights in ...
This article addresses the use of foreign law in constitutional adjudication. We draw on the ideas o...
The article analyses cases of non-application of a national legal rule by cassation court judges hea...
The principle of proportionality is used in almost all constitutional jurisdictions as a parameter f...
This Article presents a functional explanation of recent developments regarding the method of consti...
Abstract: The judicial dialogue represents a privileged perspective for studying the relations betwe...
At national level, the use of principles and rules correlated with proportionality and reasonablenes...