3 ms·
I don’t think it would work any other way than any other law. If a fragment of a law is deemed unconstitutional by the constitutional court/council, it is autom
by cm2187 4y ago
I don’t think it would work any other way than any other law. If a fragment of a law is deemed unconstitutional by the constitutional court/council, it is automatically void. I don’t think it matters that it is part of an international treaty, the parliament didn’t have the authority to vote that law in the first place.
And again, things might be different in the case of the Lisbon treaty, as the treaty was adopted by means of changing the constitution, at least in France.
- soco 4y agoExactly, it gets automatically void, not "sorry we won't respect that part". Thus the ECJ is in its very right to call that country in breakage of the treaty and apply whatever sanctions finds adequate, and that country has no stand to say "yes but". Because one cannot have their cake and eat it.
- cm2187 4y agoExcept that the ECJ is not a constitutional court/council (at least not for national constitutions)