The European Court of Justice as a Constitutional Court. Legal Reasoning in a Comparative Perspective

Court of justice of the European communities.

The Warren Court : Constitutional Decision

The appointment in 1953 of Earl Warren as Chief Justice of the United States marked the beginning of a new era in the development of constitutional law. In the ensuing years changes of vast dimension and historic impact have taken place. Few men are better qualified to assess the significance of the decisions of the Warren Court than Archibald Cox, student of law, teacher of law and, from 1961 ...

Older Europeans and the European Court of Justice.

BACKGROUND the European Court of Justice (ECJ) is considered by many to be the most important judicial institution of the European Union today. Despite the potential importance and relevance of the ECJ rulings to the lives and rights of older Europeans, no research has attempted to analyse or to study the ECJ rulings in this field. OBJECTIVE to describe the ECJ case-law in the field of elder ...

European Court of Justice Case Law as a Means of Unification of Private Law?

This Essay does not focus on the feasibility of an European Community (”EC”) civil code, but rather addresses questions of substance relating to the law of obligations, that is, the law of contract and tort, leaving aside the law of property and family law. Nevertheless, I must state that I do not believe in the feasibility of a uniform Civil Code for the European Community. Rather than employi...

Convergence of the Protection of Fundamental Rights Between the Spanish Constitutional Court and the European Court of Human Rights

To make ECtHR rulings prevail over final Spanish judgments is a matter for the legislator, not for an extreme or exaggerated interpretation of a law that has not been promulgated for that purpose. Within the context of the doctrine introduced by the Administrative Bench of the TS, the current or subsisting character of the violation of the fundamental right turns out to be a key issue. However,...