Not exact matches
For instance, the Venice Commission, an organ of the Council of Europe whose purpose is to provide legal advice in the field
on constitutional law,
issued an Opinion no. 523/2009
on the retroactivity of statutes of limitations, making clear that other
approaches were possible.
In the following post, I briefly develop both aspects of this equation — pragmatism with regard to the scope of the CFSP versus principle with regard to the reach of EU
constitutional principles into the CFSP — and I conclude with a brief reflection
on the normative
issue of whether the Court stays within its role as a judicial body, where I suggest the CJEU's
approach fits squarely within its duty to say what the law is.
In justifying this
approach, the court pointed to several considerations that SCOTUS identified as benefits to merits - first: the importance and frequency of the
constitutional issue, the need of police departments for guidance
on the
issue, the purely legal, non-fact-bound nature of the
issue, and the quality of the briefing (with amicus briefs from several advocacy organizations, a group of First Amendment professors, and DOJ's Civil Rights Division).