European Constitutional Law Review - Latest issue

Volume 16 - Issue 1 - March 2020

Latest issue of European Constitutional Law Review

Contents

Protecting the Rule of Law in the EU Legal Order: A Constitutional Role for the Court of Justice
Peter Van Elsuwege, Femke Gremmelprez
Published online by Cambridge University Press: 05 May 2020, pp. 8-32
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The rule of law as one of the core constitutional values of the EU legal order – The rule of law in the case law of the Court of Justice of the European Union – Jurisdiction of the Court on the basis of a combined reading of Articles 2 and 19 TEU – Protecting the rule of law in the Common Foreign and Security Policy – Protecting the rule of law in the member states in order to safeguard the structure and functioning of the EU legal order – Limits to the scope of application of EU law

Trust in the Law? Mutual Recognition as a Justification to Domestic Criminal Procedure
Jacob Öberg
Published online by Cambridge University Press: 16 March 2020, pp. 33-62
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EU law – Mutual recognition as a justification for EU competence – EU competence in domestic criminal procedure – Test and intensity of judicial review of EU criminal law legislation – Relationship between mutual trust and mutual recognition – Federalism and division of powers between the member states and the EU – Mutual recognition as a constraint to EU action – Presumption of Innocence Directive – Victims’ Rights Directive – Exercise of EU competence in domestic criminal procedure – Justifications for EU action in criminal procedure – Evidence-based legislation in the field of criminal procedure – Mutual trust as a legal and sociological concept – National courts’ compliance with EU law – European arrest warrant

An Administrative Crack in the EU’s Rule of Law: Composite Decision-making and Nonjusticiable National Law
Filipe Brito Bastos
Published online by Cambridge University Press: 13 April 2020, pp. 63-90
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Composite administrative procedures – Exclusive jurisdiction of Union courts to review non-binding national preparatory acts – No jurisdiction of Union courts to enforce national law – Autonomy and uniformity of EU law – No judicial control possible of violation of domestic law by national authorities – National rule of law gap – Judicial review, effective judicial protection, and principle of administrative legality

National Parliaments’ Scrutiny of the Principle of Subsidiarity: Reasoned Opinions 2014–2019
Tomasz Jaroszyński
Published online by Cambridge University Press: 16 March 2020, pp. 91-119
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Principle of subsidiarity – Early Warning Mechanism – Protocol No. 2 on Proportionality and Subsidiarity – The scope of the principle of subsidiarity – The role of national parliaments in the EU – National parliaments’ reasoned opinions – Principle of proportionality – Principle of conferral – National sovereignty in the EU – National identity in the EU – Justification of draft legislation acts