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oai:verfassungsblog.de/10763 2016-03-23T15:38:56Z posts

http://dx.doi.org/10.17176/20181005-145952-0 https://verfassungsblog.de/its-a-stupid-autonomy-2/ It’s a stupid autonomy… Komárek, Jan eng 2015-03-14 electronic resource text/html ddc:342 Verfassungsblog Verfassungsblog--2366-7044 CC BY-NC-ND 4.0 Risking further escalation of the rhetorical contest over a more catchy title, I would like to comment on Daniel Halberstam’s analysis of the ECJ’s Opinion 1/13 from a wider perspective. I would like to try to challenge the starting assumption which Daniel (and in fact also the commentators who were critical of the Opinion) makes – that the EU has a federal constitutional order, whose autonomy deserves the protection required by the ECJ. It is also because that no matter how much I find Daniel’s technical legal analysis insightful, I do not think the core issue concerns the doctrinal level.