7617
The integration of a national system of rights in a multi-level protection system - based on constitutional mandates of openness - together with autonomous international systems, leads to the formation of a community of final interpreters. Interordinal tension appears as a constant in these systems...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Centro de Excelencia Jean Monnet
2023
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=integra&cl=CL1&d=HWA_7617 https://repositoriouba.sisbi.uba.ar/gsdl/collect/integra/index/assoc/HWA_7617.dir/7617.PDF |
| Aporte de: |
| Sumario: | The integration of a national system of rights in a multi-level protection system - based on constitutional mandates of openness - together with autonomous international systems, leads to the formation of a community of final interpreters. Interordinal tension appears as a constant in these systems and in the European system. This is not only based on who ultimately defines the conceptual identity of the rights, but also on who has the first word delimiting the scope of discussion. With the mutation of the interpretative circuits from unidirectional to multidirectional - and the development of incidental pathways parallel to constitutionality control as the prejudicial question of both EU and conventional law - the problem of concurrent control arises. That is, following various validity parameters, convergent rights are interpreted. In this context, the debate on "constitutional priority" becomes relevant in the face of the so-called "double prejudice" to which, in the EU States, the possible "triple prejudice" would be added. A first conclusion is that leaving aside self-referential solutions, only interjurisdictional dialogue and the construction of dialogic consensus allow cohabitation within the system itself and, ultimately, its continuity over time. The remaining problem, which raises questions about a possible violation of national constitutional identity, is that this implies - especially in the case of EU Law - the erosion of the concentrated control of constitutionality and its reconversion in fact into a decentralized control. |
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