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Judicial Protection Under the Constitution: Articles EC 220 ff.; Draft Convention I-28; III-258 ff.

  • Spyridon Flogaitis and Andreas Pottakis

Extract

The challenges for the system of judicial protection of the EU spring from two main developments: first, the enlargement of the EU, which inevitably affects all institutions of the Union, most notably their organisational structure and modus operandi, second, the deepening and widening of the areas falling within the scope of competences of the EU. Article I-28 Draft Constitution states that the Court of Justice of the EU shall include the ECJ, the High Court and specialised courts. These courts, together with the national courts of all levels, constitute the intricate nexus offering judicial protection in the EU. The issues that dominated debates on the reform of the system of judicial protection varied from the amendment of Article 230.4 EC on the locus standi of applicants, to the impact of the incorporation of the Charter of Human Rights and to the competences of the ECJ in the areas of the second and third pillar. They all relate to the deepening and widening of the Union through this Draft Constitution.

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Judicial Protection Under the Constitution: Articles EC 220 ff.; Draft Convention I-28; III-258 ff.

  • Spyridon Flogaitis and Andreas Pottakis

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