Publications
Publication details
Spaventa, E. (2007). 'Opening Pandora's Box: Some Reflections on the Constitutional Effects of the Decision in Pupino'. European Constitutional Law Review 3(1): 5-24.- Publication type: Journal papers: academic
- ISSN/ISBN: 1574-0196, 1744-5515
- DOI: 10.1017/S1574019607000053
- Keywords: Pupino, Consistent Interpretation, Constitutional Effects, Framework Decision, Third Pillar, Francovich, Second Pillar, European Court of Justice, Fundamental Rights, European Union.
- View online: Online version
- Durham research online: DRO record
Author(s) from Durham
Abstract
Constitutional issues arising from the ruling in the Pupino case – Court of Justice holds that the duty of consistent interpretation applies also in relation to framework decisions – Analysis of the extent to which the doctrine of consistent interpretation can (and should) be transposed to the area of police and judicial cooperation in criminal matters – Consequences for possible extension of other constitutional doctrines elaborated in the context of the first pillar to the third pillar – Extent to which third pillar acts can become a vehicle for the enforceability of fundamental rights as general principles of Union law – The possibility of invoking Francovich damages for breaches of Union law – To what extent can the Pupino reasoning be extended to the second pillar?