Jurisdictional conflicts challenge the coherence of the law. This is all the more true in times of globalization and transnationalization. In Europe, national, supranational and international legal orders are inextricably intertwined. The competences of the various legal authorities may be lost in the mist of this lack of clarity. The contributions of the present volume develop solutions to this problem. On the basis of a shared structural analysis (Klatt, Die praktische Konkordanz von Kompetenzen, 2014), the authors ...
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Jurisdictional conflicts challenge the coherence of the law. This is all the more true in times of globalization and transnationalization. In Europe, national, supranational and international legal orders are inextricably intertwined. The competences of the various legal authorities may be lost in the mist of this lack of clarity. The contributions of the present volume develop solutions to this problem. On the basis of a shared structural analysis (Klatt, Die praktische Konkordanz von Kompetenzen, 2014), the authors address questions in legal theory, EU Law, and public international law. They enlighten, e.g. the problem of double bindingness, the avoidance of conflicts in prognosis decisions, the concept of European constitutionalism, the identity control of the Federal Constitutional Court, the Solange-principle, and the margin of appreciation under the ECHR.
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