Supr[i]macy à la Française: Another French Exception?

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Series Details Volume 27, Number 1, Pages 89-120
Publication Date 01/01/2008
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This article argues against the need for a liberal approach towards legal pluralism by taking into account the risk of constitutional cataclysm in the situation where a national court would invalidate European Union (EU) legislation. The article thus insists on the need for preventing constitutional conflicts

The article is divided into two parts. The first part analyses the concept of supremacy. Supremacy is studied in light of fundamental rights and judicial kompetenz-kompetenz. The different views of the European Court of Justice and the highest national courts in Europe as to the reach of supremacy are thoroughly discussed. The second part focuses on the examination of the most recent French decisions and stresses their close link with discursive legal pluralism.

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