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Effet Utile as a Unifying Doctrine in a Constitutionally Pluralist Europe

Publication at Faculty of Law |
2014

Abstract

The article shows how a particular effet utile argumentation can help to overcome conflicts that emerge among overlapping legal orders guarded by distinct "constitutional" courts - national constitutional courts, the CJEU, and the European Court of Human Rights. Because the effectiveness of decisions of these courts mostly depends on national general courts, as these are closer to enforcement mechanisms, a concerted approach of the "constitutional" courts may enhance application of common constitutional rights and obligations.

Such concerted approach may be reached through the concept of composite effet utile that focuses on effet utile of governance in the European constitutional space rather than emphasizing the effectiveness of provisions of a single legal order.