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The Jurisprudence of Constitutional Conflict in the European Unionav Ana Bobi1015
A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law.
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Ana Bobic is a referendaire at the Court of Justice of the European Union to Advocate General Tamara Capeta. Until 2021, she was a Postdoctoral Researcher at the LEVIATHAN Project at the Hertie School, working on questions of legal accountability in EU economic governance, with a specific focus on the position of the individual in the Economic and Monetary Union. In 2018, she completed the DPhil at the Faculty of Law, University of Oxford as a Law Faculty Graduate Assistance Fund scholar. In Oxford, she was a lecturer in Constitutional and Administrative Law at Keble College.
PART I - THEORISING CONSTITUTIONAL CONFLICT 1: Introduction 2: Theoretical framework: Constitutional pluralism 3: Constitutional pluralism as a descriptive theory 4: Constitutional pluralism as a normative theory PART II - THE JURISPRUDENCE 5: Ultra vires review 6: Identity review 7: Fundamental rights review PART III - CONCLUSIONS 8: Judicial triangles across case studies 9: Three lessons and a warning