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National Judges and European Laws: A Comparative Constitutional Perspective

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Chapter Summary

This chapter studies the judicial application of the ECHR and EU law to analyse the vertical relationship between national judges (constitutional and ordinary alike) and the external legal sources. Recent literature underscored the variety of national constitutional provisions regarding the ECHR. Indeed, looking at these provisions (and those applicable to EU law) one easily appreciates the diversity of national approaches with respect to the domestic authority of European laws. The emergence of some constitutional barriers is common to both the European laws (although with the mentioned difference between the Italian and the German cases). Convergence does not mean perfect coincidence but it describes a process of mutual rapprochement between legal entities, it is a work in progress. The Court of Justice of the European Union (CJEU) has extended the "WTO exception" (lack of direct effect for WTO law) to the provisions of some international law treaties.

Keywords: Court of Justice of the European Union (CJEU); ECHR; EU; European laws; international law treaties; national judges; WTO exception; WTO law

10.1163/9789004228832_006
/content/books/b9789004228832s006
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