`The ‘checks and balances' doctrine in member states as a rule of EC law: The cases of France and Germany"

Georgopoulos, Theodore. (2003) `The ‘checks and balances' doctrine in member states as a rule of EC law: The cases of France and Germany". In: UNSPECIFIED, Nashville, TN. (Unpublished)

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Abstract

Besides its descriptive function, the separation of powers has a normative one. Indeed, the creation of organs, their attributions and their interrelation constitute the legal criteria which make possible the identification of "powers" and the concrete meaning of their "separation." However, EC Law's interest on national normative separation of power is acuter. Actually, and without reinventing the separation of powers legal doctrine, EC Law requirements contribute to a reconsideration of the relations between powers (III), relations that could be conceived as a sui generis circumstantial control system (IV), developed in parallel with the constitutional model elaborated in member states (V), and whose features remain-in a Darwinian way-in full evolution process (VI).

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