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National Parliaments after the Lisbon Treaty and the Euro CrisisResilience or Resignation?$
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Davor Jancic

Print publication date: 2017

Print ISBN-13: 9780198791621

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198791621.001.0001

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Constitutional Review and the Powers of National Parliaments in EU Affairs

Constitutional Review and the Powers of National Parliaments in EU Affairs

Erosion or Protection?

Chapter:
(p.59) 4 Constitutional Review and the Powers of National Parliaments in EU Affairs
Source:
National Parliaments after the Lisbon Treaty and the Euro Crisis
Author(s):

Cristina Fasone

Nicola Lupo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198791621.003.0004

The construction of the EU constitutional system has traditionally been a matter for courts, in particular for the Court of Justice of the European Union (CJEU) and the national constitutional courts, marginalizing national parliaments (NPs). This chapter first outlines the ‘protagonism’ of these courts in defining the main features of the EU legal order and then considers whether domestic courts have challenged the distribution of legislative competences between the EU and national levels of government in the post-Lisbon Treaty judicial design. It is shown that, beyond the general framework that the Treaties provides for all NPs, it is impossible to guarantee equivalent domestic judicial protection of national parliamentary prerogatives in EU affairs—and thus citizens’ political rights—across the Member States. This is not just because of the different national models of constitutional adjudication and the outcomes thereof, but also because of the asymmetries arising from different forms of government.

Keywords:   national parliaments, EU constitutional system, Court of Justice of the European Union, national courts, European integration, Lisbon Treaty, judicial protection

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