El derecho de la Unión Europea ante las cláusulas derogatorias previstas en los tratados internacionales de derechos humanos
Activation of derogation clauses embodied in international human rights treaties to which Member States are parties belongs to the exclusive competence of the latter, being its exercise able to raise limits to the primacy of EU law within fields allocated to the Union when self-protection of Member...
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| Format: | Article |
| Language: | Spanish |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7527357 |
| Source: | Revista de Derecho Comunitario Europeo, ISSN 1138-4026, Año nº 24, Nº 66, 2020, pags. 519-557 |
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| Summary: |
Activation of derogation clauses embodied in international human rights treaties to which Member States are parties belongs to the exclusive competence of the latter, being its exercise able to raise limits to the primacy of EU law within fields allocated to the Union when self-protection of Member States under international law is at stake. Nevertheless, the autonomy of EU Law imposes constraints both on the sovereign assessment aiming at the application of derogation clauses and on the measures, which might be adopted accordingly. European Union’s survival as a Union of law, the autonomy of its legal order and the preservation of its founding values require the Union to ascertain the legal capacity to prevent and correct any hypothetical misuse of derogation clauses by its Member States. |
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