The great Luke Dimitrios Spieker and I wrote an article that recently appeared in Common Market Law Review. The article discusses how the EU principles of primacy and disapplication may create legal vacuums in the domestic legal framework, how domestic judges may try to avoid such vacuums and, most importantly, the steps they have to take in order to fill those vacuums. We also discuss how that last step can cause tensions with crucial principles of domestic constitutional law such as the separation of powers. A nice little cocktail of EU law and domestic constitutional law for these summer months. You can find the article here! https://lnkd.in/eTyydGtj
Mathieu Leloup’s Post
More Relevant Posts
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Postdoctoral Researcher at Humboldt University Berlin & Senior Research Fellow at MPIL | Assessor | Dr. iur.
Attention EU-bubble! Ever wondered what happens when national judges set aside national laws in conflict with EU law? In many cases, a problematic vacuum may emerge! How to fill such voids, you ask? Look no further! In the new issue of the Common Market Law Review, Mathieu Leloup and I provide some answers! After two years in the making, we tackle this and other underexplored questions concerning the primacy of EU law. The paper can be found here: https://lnkd.in/e86SnsDh
Rethinking primacy’s effects: On creating, avoiding and filling legal vacuums in the national legal system - Common Market Law Review
kluwerlawonline.com
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Article on the Vienna Convention 1980 The article “THE PAST, PRESENT AND FUTURE OF THE CISG (AND OTHER UNIFORM COMMERCIAL LAW INITIATIVES)”, written by Professor Harry Flechtner, is available on the website of the Journal of Law and Commerce, University of Pittsburgh School of Law. For more details: https://lnkd.in/dzfETy9Z #internationalcommerciallaw #internationalcommercialcontract #internationalsaleofgoods #viennaconvention1980 #crossborderdebtrecoveryblog
THE PAST, PRESENT AND FUTURE OF THE CISG (AND OTHER UNIFORM COMMERCIAL LAW INITIATIVES) | Journal of Law and Commerce
jlc.law.pitt.edu
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Providers of: Trial Advocacy Training, Commercial Law Programme and Continuing Legal Education. Publishers of the African Law Review.
The African Law Review is a quarterly journal that aims to enrich jurisprudence, promote excellence, and embrace diverse perspectives. Share your insights on pressing legal issues by submitting your article to info@blalec.co.za. Join us in shaping the future of law! 🌍⚖️ #LegalExcellence #Jurisprudence #DiversityInLaw
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Fulbright-Garcia Robles Visiting Professor Maurer School of Law, Indiana University, U.S. Durham Law School, Visiting Fellow, U.K. SNII-1 & Corredor Público, MX.
Comparative Law: A study of the relationship between different legal systems and between rules of different systems, focusing on a fuller insight into the facts which shape the creation of legal rules. The virtues of comparative law. Watson. Legal Transplants. An approach to comparative law. Second Edition. Georgia.
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PhD candidate for Peace and Security Studies. International, security and strategic affairs analyst. Peace building expert and conflict resolution.
Finally my paper on, "A Legal Analysis of Somaliland’s Quest for Statehood under International Law" is published. You can read and download it here. https://lnkd.in/gQA2Ck3b
Journal of Modern Law and Policy
carijournals.org
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Excited to share that my latest blog post is live on YOUR LAW ARTICLE Check it out for insights on UNDERSTANDING THE LAW OF THE SEA: A PILLAR OF PUBLIC INTERNATIONAL LAW. #blogging #thoughtleadership https://lnkd.in/gUiRNknY
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A very important note on retained EU law (now “assimilated law”).
The Retained EU Law (Revocation and Reform) Act 2023 has been in force since the beginning of this year. In its wake, legal advice that barristers may confidently have given in the past may – if it had its roots in EU law – no longer be so watertight. This new blog by Evanna Fruithof, the director of our Brussels office, runs through the background to the legislation, explains the uncertainties and provides advice to practitioners. Read more: https://bit.ly/4a4ghvu
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Read an extract from 'Landmark Cases in Private International Law' edited by William Day and Louise Merrett https://bit.ly/41Xmc2r #PrivateInternationalLaw #LegalHistory
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Have you seen our new international law catalogue? Browse our recent and forthcoming titles in #InternationalLaw: https://bit.ly/3y4Pkd5
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The world's Largest Classroom, "INTERNATIONAL LAW CONFERENCE" LEGAL AND JUDICIAL REFORMS: IN PERSUIT OF TRANSFORMING THE JUSTICE SYSTEM . . Elevate your expertise: Register Now https://lnkd.in/gsKrRtX6 . . . . . #IIUI #InternationalLawConference #kahutaLawCollege
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