The Full Effect of EU Law and of Constitutional Review in Belgium and France after the Melki Judgment

Abstract

Coincidence of human rights review by national and European courts – Courts questioning and delimiting each other's jurisdiction – Evolution of judicial review of legislation in Belgium and France – Rules giving priority to national human rights review over European human rights review – Melki judgment Court of Justice – Conformity with Union law – Balance between effectiveness of EU review and effectiveness of constitutional review – Effectiveness of human rights – Obligatory a priori human rights review of secondary Union law