Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment?
<p>In fifteen years of EU membership, Maltese courts have been remarkably reluctant to refer questions of interpretation to the CJEU. This could be about to change in litigation which could have far-reaching consequences for the direct effect of member states’ rule of law and human rights obl...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
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| Series: | Verfassungsblog |
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| Online Access: | https://verfassungsblog.de/is-a-microstate-about-to-provide-eu-rule-of-law-with-its-van-gend-moment/ |
| _version_ | 1818193894797475840 |
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| author | Justin Borg-Barthet |
| author_facet | Justin Borg-Barthet |
| author_sort | Justin Borg-Barthet |
| collection | DOAJ |
| description | <p>In fifteen years of EU membership, Maltese courts have been remarkably reluctant to refer questions of interpretation to the CJEU. This could be about to change in litigation which could have far-reaching consequences for the direct effect of member states’ rule of law and human rights obligations. The dispute raises important, novel questions concerning the extent to which EU law of a classical constitutional nature could be democratised in much the same manner as the law of the internal market was democratised through Van Gend.</p>
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| first_indexed | 2024-12-12T00:53:39Z |
| format | Article |
| id | doaj.art-f377f5d0b60041bf81d94d58c79d2248 |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-12-12T00:53:39Z |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-f377f5d0b60041bf81d94d58c79d22482022-12-22T00:43:56ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442366-7044Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment?Justin Borg-Barthet<p>In fifteen years of EU membership, Maltese courts have been remarkably reluctant to refer questions of interpretation to the CJEU. This could be about to change in litigation which could have far-reaching consequences for the direct effect of member states’ rule of law and human rights obligations. The dispute raises important, novel questions concerning the extent to which EU law of a classical constitutional nature could be democratised in much the same manner as the law of the internal market was democratised through Van Gend.</p> https://verfassungsblog.de/is-a-microstate-about-to-provide-eu-rule-of-law-with-its-van-gend-moment/judicial independence, Pace Axiaq, Rule of Law |
| spellingShingle | Justin Borg-Barthet Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment? Verfassungsblog judicial independence, Pace Axiaq, Rule of Law |
| title | Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment? |
| title_full | Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment? |
| title_fullStr | Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment? |
| title_full_unstemmed | Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment? |
| title_short | Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment? |
| title_sort | is a microstate about to provide eu rule of law with its van gend moment |
| topic | judicial independence, Pace Axiaq, Rule of Law |
| url | https://verfassungsblog.de/is-a-microstate-about-to-provide-eu-rule-of-law-with-its-van-gend-moment/ |
| work_keys_str_mv | AT justinborgbarthet isamicrostateabouttoprovideeuruleoflawwithitsvangendmoment |