engleski

Back to Square One - the Past, the Present and the Future of the Simmenthal Mandate

In this paper In Chapter 2, I will first describe how the Simmenthal mandate softened, primarily by the development of doctrines of indirect effect and margin of appreciation. Second, in Chapter 3, I will discuss whether the Simmenthal mandate can be separated from the doctrine of direct effect and what are the practical consequences of such separation. Finally, in Chapter 4, I will try to demonstrate how the Simmenthal mandate affected the European judicial dialogue and possibly triggered a revival of national constitutional review.

European union, supremacy, constitutional review

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