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Conflicts of Rights in the European Union
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Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Aida Torres Pérez

Abstract

This book focuses on the potential for conflict between overlapping constitutional and EU fundamental rights. When constitutional and EU rights overlap and the respective interpretations diverge, state courts are asked to follow the standard of protection defined by the European Court of Justice (ECJ). The ECJ's claim to normative authority needs to be justified. This book advocates a theory of supranational judicial authority grounded in the ideal of dialogue. At the outset, it is argued that traditional approaches to constitutional conflicts based upon supremacy should be overcome. A plurali ... More

Keywords: conflict of rights, adjudication, judicial authority, dialogue, legitimacy, constitutional pluralism, interpretation

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780199568710
Published to Oxford Scholarship Online: September 2009 DOI:10.1093/acprof:oso/9780199568710.001.0001

Authors

Affiliations are at time of print publication.

Aida Torres Pérez, author
Professor of Constitutional Law at Pompeu Fabra University, Barcelona

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