POSTS BY Jörg Polakiewicz

It’s about Human Rights, Stupid!

Prof. Halberstam’s assessment of the Opinion 2/13 is based on the premise that the EU’s constitutional order is, as he put it, a “deep federal-type structure”. This federalist approach to Opinion 2/13 (and the autonomy of EU law) appears to be influenced by US constitutional experience and thinking. It neglects some important features of Europe’s multi-layered human rights protection system as well as the EU’s own constitutional order.

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