THE COURT OF JUSTICE OF THE EUROPEAN UNION AS THE RISING STAR OF THE EUROPEAN INSTITUTIONAL FRAMEWORK. FROM NATIONAL LEGISLATURES TO THE EUROPEAN JUDICIARY

被引：0

作者：

Fidalgo Gallardo, Carlos ^{[1
]}

机构：

[1] Univ Seville, Dept Derecho Procesal, Seville, Spain

来源：

REVISTA GENERAL DE DERECHO PROCESAL | 2016年 / 40期

关键词：

Court of Justice of the European Union; United States Supreme Court; Legislative branch; Legislative power; Judicial branch; Jurisprudence;

D O I：

暂无

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

The author analyzes how, from his point of view, the institutional architecture of the European Union is being radically and unstoppably transformed by means of the jurisprudence of the Court of Justice of the European Union. An analogous process took place in the United States of America between 1803 (the date where the decision in Marbury versus Madison was issued) and the decade of the 1960's (the heyday of the activist jurisprudence of the federal Supreme Court). In Europe, the process would be taking place in two lines of evolution: on the one hand, the progressive preeminence of the European institution over their national counterparts; on the other hand, the rise of the judiciary over the legislatures. Those two lines converge into the emergence of the Court of Justice of the European Union as the rising star of the institutional framework of the European Union.

引用

页数：20