Prof. Henrik Palmer Olsen publishes in The Common Market Law Review – University of Copenhagen

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08 October 2013

Prof. Henrik Palmer Olsen publishes in The Common Market Law Review

Henrik Palmer OlsenIn the article, Professor Palmer Olsen addresses two main issues: 1) The constitutional procedure for ratification of treaties that significantly change the institutional architecture of the EU and 2) The issue of how national courts gauge the legality of International Courts decisions (in casu decisions from the Court of Justice of the European Union (CJEU)). Prof. Palmer Olsen concludes with regards to 1) that the Danish Supreme Court ruling indicates that institutional change in almost any form can be passed under the normal procedures of ratification, as the Danish constitution only addresses the quality and reach of the powers that has been delegated to the EU. With regards to 2) he concludes that while there has been a tendency in recent case law from the leading German Constitutional Court to attenuate the ultra vires-doctrine (a standard of review for the constitutionality of powers exercised by the EU) that was elaborated in the original review of Germany’s ratification of the Maastricht Treaty, and subsequently endorsed by the Danish Supreme Court in a similar case, the Danish Supreme Court formally stays with the original version of that doctrine, although Prof. Palmer Olsen finds it unlikely that Danish Supreme Court will in practice operate a stricter review control the CJEU than that which will be carried out by the German Constitutional Court.

The article is available at: http://www.kluwerlawonline.com/document.php?id=COLA2013142