Beyond Federal Dogmatics (pdf)
The Influence of EU Law on Belgian Constitutional Case Law Regarding Federalism
Published by: Leuven University Press
Title Page, Copyright Page
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Table of contents
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...1.1 Methodological problems pertaining to the object of the inquiry 29 2.3 The Constitutional Court situated in the Belgian federal system 75 4.3.1 European law as a (quasi) political tool for evacuation 4.4 Rule of law values and the limits of instrumentalization by the 4.4.3 Coherence, with the example of coherent EMU-principles 241...
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Whereas many young researchers publish their doctoral dissertation as their first monograph, I am pleased to introduce this monograph, written by a junior In some respects, this book has characteristics which one could expect from a junior researcher: it tries to be innovative, explores issues from a (whole array of) different angle(s), and could be read as provocative. At the same time, the ...
Reader information and acknowledgments
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Reader information. This work was written for international and Belgian scholars alike. Opting for such a wide public obviously gives rise to some difficulties. On the one hand, to be accessible to the international scholars, and perhaps the Belgian ones who are not familiar with constitutional law, an introduction to Belgian federalism had to be written. For Belgian scholars of ...
Some commonly used abbreviations
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LIRG Law governing Institutional Reform in the German-speaking SLBI Special Law governing Brussels Institutions of Jan. 12, 1989 SLCRF Special Law governing Community and Region Financing of Jan. 16, The latter (special) laws are available in French and Dutch via CDPK Chroniques de droit publique / Publiekrechtelijke Kronieken...
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General purpose and method: beyond dogmatics
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...1. Dogma under pressure. In our “enlightened” times, the concept of dogma has acquired a rather negative connotation. Most people seem to believe that we should not accept dogma(ta) without constant, or at least potential critical reflection1. Even so, dogma continues to be relied upon in certain areas of life where we strive for a form of authoritative certitude, such as religion, or law. It ...
General object: federalism
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...7. From purpose to object. If the point of the book is a methodological one, the legal materials to which the methodological considerations are made applicable, are situated in one area, that is federalism. This choice was conscious, in the sense that exploring the problem from the viewpoint of federalism – an area of law traditionally deemed to be closely related to politics – allows us to make ...
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...14. From influence to the toolbox concept. We mentioned that the object of our investigation would be how European Union law influences Belgian constitutional case law on federalism. “Influence”, however, is a difficult concept to grasp here, because it may mean a myriad of things depending on the perspective, because the object and subject of influence do not always allow ...
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...38. Compromis à la belge. On the whole, Belgium’s federal structure must be understood as a ‘complex set of compromises that was the product of a series of protracted political negotiations’126. These negotiations dealt primarily with Flemish aspirations for (cultural) autonomy, Flemish fear of ‘Frenchification’ of the Brussels periphery, Walloon aspirations for economic autonomy, and ...
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...63. General examination. Constitutional Court Judge André Alen explains: [d]uring the first years, the Court of Arbitration has laid the foundations for the allocation of competences [case law], which track of the unity of policy, and in the upholding of an exclusive territorial division of competences. These foundations were clearly ...
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...122. A kaleidoscopic, colorful reality without a central theory. Many authors have delved into the ‘colorful reality’742 of the relationship between European law and the Constitutional Court. A whole array of questions has been raised, Not so long ago, scholars744 usually discussed the relationship between international law and national (constitutional) law in light of the jurisprudence ...
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...1033 And at the same time probably too general. The reason why I add this caveat is because I refrain from taking a general position on the question of whether it is überhaupt possible to conceptualize competence allocation in a fully abstract (universalizable) manner. As regards the Constitutional Court – employing the toolbox conception – I argue that an overly abstract elaboration of competence allocation as a manner of representation of judicial reasoning is ...
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...185. The Constitutional Court: looking for the right balance, with many weights in the scales. The Belgian Constitutional Court holds an ambiguous position towards European law. Whereas, generally, it has recognized its power to review the conformity of a legislative act approving a treaty with the Constitution, it also deploys these treaties, and more broadly European law as ...
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