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The Charter as a Source of International, EU and Domestic Law

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Chapter Summary

In the second Chapter the intertwinement between the international and domestic legal orders will first be outlined from the point of view of the Charter as a source of public international and EU law (§ 2.I.), thereby not avoiding to mention and to explain the very nature of the Council of Europe’s subsequent practice (§ 2.II.). Finally, the reception of the Charter as a source of law in the different domestic legal orders of Council of Europe member States will be examined (§ 2.III.). The strengths and the weaknesses of the “system of the Charter” will therefore be identified and expounded firstly focusing on the hierarchy of the sources of law, so as to expose readers to how the system interacts with the domestic legal orders and to what extent it might bring about changes of the constitutional frameworks of local self-government at national level.



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