Sentences with phrase «national constitutional traditions»

Uniformity or deference to national constitutional traditions in the protection of fundamental rights?

As the scope of EU law expands the application of the EU fundamental rights regime as well as its relationship with national constitutional traditions will continue to be a source of debate.

Not exact matches

Reform of the constitutional architecture of the UK state over the past two decades has adhered to a conservative orthodoxy based on an enduring belief in the British Political Tradition: the redistribution of power is negotiated between the state and sub-state national and regional elites rather than with the British people.

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

In this respect, he immediately excludes the relevance of national law and practices (Art. 52 (6) CFREU) and of the constitutional traditions common to the Member States (Art. 52 (4) CFREU) for the purpose of the interpretation of Article 50 CFREU with regard to the combination of administrative and criminal sanctions.

The question is then: why has the CJEU decided to label the interpretation of the principle of legality as a common constitutional tradition instead of as an element of national constitutional identity?

It is true that Article 6 (3) refers to the constitutional traditions that are common (emphasis added) to the Member States; however, the reference to this characteristic should not prevent to inject a certain degree of pluralism in the notion of constitutional tradition (s), as the ICC has suggested, that makes it possible to reconcile a higher standard of protection entrenched in the national Constitution and the primacy of EU law.