PP1014
Analítico de Periódico
BACK AND FORTH BETWEEN SOVEREIGNTY AND CONSTITUTIONALISM
Back and forth between sovereignty and constitutionalism : the Court of Justice’s constitutional case law / LB, MB
European Constitutional Law Review, v.14 n.4 (2018), p.665-674
DIREITO COMUNITÁRIO, DIREITO CONSTITUCIONAL, DIREITO INTERNACIONAL PÚBLICO, CONSTITUCIONALISMO, TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA
Sometimes the European Court of Justice hands down a judgment that causes surprise. From a constitutional point of view that was the case with the first judgment in Kadi, and most recently its judgment in M.A.S. and M.B, also known as Taricco bis. Many of us would not dare to bet that the Court would follow Advocate General Poiares Maduro in Kadi; in Taricco bis many thought it would not significantly diverge from the opinion of Advocate General Bot and from the earlier decision in Taricco I. Why do European Court of Justice judgments like these come as a surprise? Let us first look at these two examples and delve into the broader constitutional nature of the Court’s case law, which may explain the surprise.