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Wednesday, February 6, 2013

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The New Relationship between National and the europiuman Courts after the Enlargement of Europe: Towards a Unitary Theory of jurisprudential Supranational Law?
Oreste Pollicino*

Introduction
What has been the clash of the amplification of the European colligation (EU) to the east on the judicial interaction between the EU and Member States legal orders? What changes (if any) has this brought in the judicial approach of the European Court of Justice (ECJ), in comparison with the newly uphill approach of the European Court of Human Rights after the enlargement of the Council of Europe to the east? And yet, is the distance between the judicial impact of, respectively, the law of the EU (hereinafter EU law) and the law of the European multitude on Human Rights (ECHR) on the EU Member States and the Council of Europe now shorter than it was before the enlargement of Europe to the east? In attempting to answer these research questions it is not possible to refer just to the relevant literature, which has mainly¹ examined the impact of the 2004 and 2007 enlargements from two particular points of view. centresing exclusively on the domestic constitutional situation, some scholars adopt investigated the European constitutional amendments within the Constitutions of new Member States in central and eastern Europe.

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² A second group, who instead focus exclusively
* Associate Professor in Comparative Public Law, Bocconi University, Milan. telecommunicate oreste. pollicino@unibocconi.it. ¹ There have been, obviously, praiseworthy exceptions. Among them see A. Albi, Supremacy of EC Law in the New Member States: Bringing Parliaments into the equating of Co- operative Constitutionalism, in European Constitutional Law Review, 2007, 25 ?.; B. De Witte, The Impact of Enlargement on the Constitution of the European Union, in M. Cremona (ed.), The Enlargement of the European Union, Oxford, 2003, 209 ?.; A. Sájó, Accessions Impact on Constitutionalism in the New Member States, in G. A....If you want to get a full essay, order it on our website: Ordercustompaper.com



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