The parameters of constitutional conflict after Melloni

Publishers Abstract:
Reflects on the significance of the European Court of Justice (ECJ) ruling in Melloni v Ministerio Fiscal (C-399/11) for the interaction between citizens' constitutional rights under national law and those enshrined in the Charter of Fundamental Rights of the European Union 2000. Reviews the facts of Melloni, the scope of Spain's constitutional right to a fair trial, the questions referred to the ECJ, and key aspects of the Spanish Constitutional Court's follow-up judgment. Discusses how the ECJ gives the primacy of EU law overriding importance, in conjunction with its unity and effectiveness.

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