Lavranos: Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values and Principles

Nikos Lavranos (European University Institute - Law) has posted Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values and Principles. Here's the abstract:

This contribution seeks to analyze and clarify the relationship between international law and Community law in the light of the most recent jurisprudence of the ECJ regarding Article 307 EC.

The main argument that will be developed is that the ECJ has recently identified a new untouchable core of fundamental European constitutional law values and principles more explicitly and more forcefully than before by interpreting the obligations arising out of Article 307 (2) EC in an extremely extensive way. It is further argued that this new untouchable core of European constitutional law values and principles is actually copied from national constitutional law, which in turn illustrates the fact that the ECJ is increasingly performing the function of a true constitutional court of Europe.