Reconciling National and European Constitutional Legalities
In light of the increasingly established autonomous European constitutional legality, national constitutional courts are now compelled to reconsider their roles. Through a progressive expansion of its direct applicability by national ordinary judges, the Charter of Fundamental Rights risks fostering the marginalization of national constitutional courts. I argue that the solution lies in a highly differentiated consolidation of constitutional legalities that integrates and embraces the unique roles of national constitutional courts in their respective systems of adjudication.
Continue reading >>Strasbourg’s Coming Out
On June 1st, in Maymulakhin and Markiv v. Ukraine, the ECtHR determined for the first time in clear terms that the general absence of legal recognition for same-sex couples is discriminatory and violates Article 14 of the European Convention of Human Rights. This marks a significant addition to the Court’s case-law concerning the rights of same-sex couples with implications for future litigation on this subject.
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