An unexpected constitutional reform in Spain: reading of “La cuestión prejudicial europea y el Tribunal Constitucional” by Macías Castaño (and II).

.      1.-Macías Castaño, in his book, affirms that there has been an authentic constitutional reform. The CJEU has imposed a change in our constitutional jurisprudence.

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.      2.-This conclusion needs some explanations. Actually, nobody has amended the text of the article 24.2 CE (Spanish Constitution). But the solid and stable interpretation made by our Constitutional Court has evaporated.

 

.      3.-Macías concludes that there has been another substantial mutation. Commentators and jurists had understood that the preliminary ruling question was a peculiar form of “dialogue” between Courts (specifically, between CJEU and national Courts). However, it is now probably working as a genuine judicial review in the hands of the European Court. The author warns that this blunt solution could discourage the request for a preliminary ruling.

 

 

 

 

 

 

 

 

 

 

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