International Organizations and Treaties: Contractual Freedom and Institutional Constraint

Brölmann, C.

doi:10.4337/9780857931290.00018

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Constitutional Autonomy and Domestic 'Fundamental Values'1

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2017

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“…These are substantive norms valid in the domestic legal order (regardless of their formal origin which might be a treaty or a domestic act) which are used as a yardstick for review. The constitutional autonomy discourse famously lies at the basis of the 'Solange' decision of the German Constitutional Court 97 and the decision of the ECJ (2008) in the Kadi case 98 . It is found also in the less well-known examples, regarding international criminal tribunals, mentioned in this paper, such as the Rukundo case.…”

Section: Constitutional Autonomy and Domestic 'Fundamental Values'mentioning

confidence: 99%