European Constitutional Law Review


Opening Pandora's Box: Some Reflections on the Constitutional Effects of the Decision in Pupino

Eleanor Spaventa  a

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Constitutional issues arising from the ruling in the Pupino case – Court of Justice holds that the duty of consistent interpretation applies also in relation to framework decisions – Analysis of the extent to which the doctrine of consistent interpretation can (and should) be transposed to the area of police and judicial cooperation in criminal matters – Consequences for possible extension of other constitutional doctrines elaborated in the context of the first pillar to the third pillar – Extent to which third pillar acts can become a vehicle for the enforceability of fundamental rights as general principles of Union law – The possibility of invoking Francovich damages for breaches of Union law – To what extent can the Pupino reasoning be extended to the second pillar?

(Published Online April 2 2007)

Key Words: Pupino; Consistent Interpretation; Constitutional Effects; Framework Decision; Third Pillar; Francovich; Second Pillar; European Court of Justice; Fundamental Rights; European Union.


a Department of Law and Durham European Law Institute (DELI), Durham University.