Universität zu Köln

Preshova, Denis (2019). On the rise while falling: The New Roles of Constitutional Courts in the Era of European Integration. PhD thesis, Universität zu Köln.

Preview

PDF ON THE RISE WHILE FALLING The New Roles of Constitutional Courts in the Era of European Integration.pdf - Accepted Version Download (3MB) | Preview

Abstract

Against the paradoxical backdrop created, on the one hand, by the debate over constitutional courts’ demise in light of European integration, and the proliferation and rise of constitutional courts in Europe and abroad, on the other hand, this dissertation through an interdisciplinary approach aims at explaining this conundrum by providing arguments for a role of constitutional court as a “constructive corrective force” in the EU. Even though counter-intuitive at a first glance, or argued by some to be an idealist approach, the main thesis is that not only are constitutional courts not ‘falling’ but rather they are on the ‘rise’ through the self-established three new roles in the EU, previously not foreseen in any of the respective constitutions. First, as result of their particular deliberative nature constitutional courts represent the most adequate interlocutor of the CJEU in the national realm through which judicial exchange, direct or indirect, constitutional courts provide EU law with constitutional legitimacy. Second, constitutional courts through their power of identity review protect the constitutional identity against encroachment by EU law. Third, assuming the EU is a neo-federal structure, constitutional courts represent the most appropriate institutions to safeguard the division and exercise of competences in the EU through their ultra vires review.

Item Type:	Thesis (PhD thesis)
Creators:	Creators Email ORCID ORCID Put Code Preshova, Denis dpresova@hotmail.com UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-97258
Date:	28 June 2019
Language:	English
Faculty:	Faculty of Law
Divisions:	Faculty of Law > Öffentliches Recht > Professur für Staats- und Verwaltungsrecht
Subjects:	Law
Uncontrolled Keywords:	Keywords Language constitutional courts UNSPECIFIED constitutional pluralism UNSPECIFIED EU law UNSPECIFIED ultra vires review UNSPECIFIED identity review UNSPECIFIED judicial dialogue UNSPECIFIED
Date of oral exam:	27 June 2019
Referee:	Name Academic Title Sachs, Michael Prof. Dr. Schöbener, Burkhard Prof. Dr.
Refereed:	Yes
URI:	http://kups.ub.uni-koeln.de/id/eprint/9725