France is ‘Already’ Back in Europe: The Europeanization of French Courts and the Influence of France in the EU

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Series Details Vol.14, No.3, September 2008, p335-376
Publication Date September 2008
ISSN 1354-3725
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Abstract: This article analyzes the recent ‘pro–European’ case law of the French Conseil d’État and Conseil Constitutionnel in the light of its wider legal and political context, in order to identify the reasons behind this jurisprudential evolution. It concludes that, paradoxically, this jurisprudence is not motivated by pro–European considerations, but by the desire to restore French influence in Europe, protect French fundamental values and interests, and increase the scope of judicial control over the French Legislator and Administration.

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