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THE EUROPEAN ARREST WARRANT, THIRD PILLAR LAW AND NATIONAL CONSTITUTIONAL RESISTANCE / ACCEPTANCE The EAW Saga as Narrated by the Constitutional Judiciary in Poland, Germany, and the Czech Republic
Zdeněk Kühn
Sažetak
In European societies of the early 21st century, the judicialisation of politics
and society seems to be ‘a partial aspect of societal evolution’. Politics has become
deeply judicialised and the judiciary has become profoundly involved in issues which
used to be the sole domain of ‘pure’ politics. Some talk of ‘the secular papacy’, ie the
judiciary of the Modern West playing the role of the 12th century papacy of the Medieval
Western World. Others criticise the rise of ‘juristocracy’ and the decline of popular
politics. Thus, it is not surprising that the phenomenon of ‘New Constitutionalism’
started to influence the emerging constitutionalisation of the European Communities in
the 1960s and 1970s. A specific regime of European ‘constitutional tolerance’ involves
constitutional and methodological pluralism among the Union and its Members,
including the plurality of views on what is, and whether there is any, Grundnorm of the
legal system, or who is the final arbiter of European Constitutionalism. This sort of
pluralism makes the domestic judicial acceptance of European doctrines a necessary
condition of the proper application of EU law. Thus, it is fair to say that the principle of
primacy of European law cannot be understood from the ECJ’s perspective only. Instead,
the primacy of EU law is formed by both the ECJ and national high courts.
Ključne riječi
Hrčak ID:
28556
URI
Datum izdavanja:
2.11.2007.
Posjeta: 1.845 *