Abstract
The French Conseil constitutionnel was by no means a likely candidate to refer a case to the Court of Justice under Article 267 TFEU. Such a bold move was highly unexpected in view of its limited jurisdiction, its usual emphasis on the supremacy of the French Constitution, and its constitutional identity narrative. Yet, the hardly thinkable became true in April 2013 in connection with the implementation of the European Arrest Warrant. In response to a cooperative Conseil, the ECJ displayed its willingness to accommodate the requirements deriving from domestic constitutional law. In doing so, it offered a positive illustration of Melloni and Akerberg Fransson by promoting the application of national standards of protection of human rights in cases falling within the scope of application of EU Law, yet not entirely determined by it.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
