Search results for "fission of European Law"

Smoke gets in euro-eyes: fusione e fissione del diritto comunitario

2021

This essay reconstructs the mechanism of the mutual “influence” between European Union Law and the Law of member states. In particular, the mechanism of the disapplication of domestic law has been assumed on the light of the comparison with the common law system and the relationship between equity and case law. Thanks to this comparative approach and the analysis of the jurisprudence of the Supreme Court (formerly House of Lords), the Author highlight the nature of “delegation” of powers and not of transfer of sovereignty inherent in the relations between member states and the European Union. At the same time, through the reconstruction of the jurispru- dence of the European Court of Justic…