Who’s afraid of the Charter? The Court of Justice, national courts and the new framework of fundamental rights protection in Europe

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Series Details Vol.50, No.5, October 2013, p1267-1304
Publication Date October 2013
ISSN 0165-0750
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Publishers Abstract:
In Edward Albee's famous play Who's Afraid of Virginia Woolf?, two middle-aged and sophisticated academics, George and Martha, struggle to keep their marriage alive by creating the illusion of a son they never had. As the play goes on and George and Martha unashamedly confront each other in front of two young guests during a late-evening gathering, they sing to themselves every now and then who's afraid of Virginia Woolf? The audience eventually realizes that Virginia Woolf represents a life made of false illusions. For many years, the Court of Justice of the European Union and the constitutional courts of the Member States have lived under the illusion of unilateral supremacy. According to the Court of Justice, EU law has primacy over national Constitutions, whilst national supreme jurisdictions have repeatedly stated that EU law's ultimate source of legitimacy lies in the Constitution of the Member State, thus subjecting EU law to constitutional review. The illusion played the trick and it has bound this odd couple happily together for more than forty years.

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