Rule of law, independence of the judiciary and primacy of EU law
In its landmark decision Associação Sindical dos Juízes Portugueses, the Court of Justice of the European Union (CJEU) held that Article 19(1), second paragraph TEU, entails an obligation for Member States to ensure that national courts adjudicating in the fields covered by EU law meet the requirement of effective judicial protection....
Kelsen Versus Kelsen: Democracy Or Constitutional Democracy?
This paper seeks to offer food for thought on the current state of democracy in modern states starting from Kelsen’s thought as a liberal thinker.
Towards a theory of transnational judicial review in European administrative law
In the cases of Berlioz (2017) and Donnellan (2018), the European Court of Justice has required national judges, under certain conditions, to carry out the transnational judicial review of preparatory acts adopted....