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6 - The Rise of Higher Courts in EU Treaty Making

from Part II - The Consent Stage

Published online by Cambridge University Press:  20 July 2018

Dermot Hodson
Affiliation:
Birkbeck College, University of London
Imelda Maher
Affiliation:
University College Dublin
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Summary

The involvement of national courts in EU treaty making was once controversial, but it is now commonplace. This chapter takes a closer look at the rise of courts at the consent stage of EU treaty making. It provides a detailed examination of changing constitutional rules and norms concerning the prior constitutional review of treaties in each of the EU’s twenty-eight member states. This analysis focuses, in particular, on the question of who, if anyone, can trigger such reviews. On the basis of this analysis, we present the third of our three ratification scales.
Type
Chapter
Information
The Transformation of EU Treaty Making
The Rise of Parliaments, Referendums and Courts since 1950
, pp. 170 - 204
Publisher: Cambridge University Press
Print publication year: 2018

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