dissenting judgment

Biblioteca

In contrast to that formalistic approach, the dissenting judgment by Judge Erotokritou takes a different and much more preferable approach that is perhaps the most complete attempt in Cyprus to discuss the nature of the principle of primacy of EU law and its relationship with national constitutional law. +2
law
особое мнение судьи
Мнение судьи, не согласного с решением или аргументацией большинства.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports