THE EL-RAKHAWI DOCTRINE FOR RESTRUCTURING EUROPEAN LEGAL SOVEREIGNTY A Revolutionary Approach to Reforming Legislative Complexity and Unifying Supreme Judicial Jurisdictions in the Face of National Court Challenges
Year: 2026
Type: book
Abstract: The El-Rakhawi Doctrine presents a rigorous framework to resolve judicial conflicts between national constitutional courts and the Court of Justice of the European Union (CJEU). Addressing challenges like the German PSPP ruling and Italian counter-limits, it proposes actionable reforms: granting the CJEU exclusive interpretive authority over "constitutional identity" (Art. 4(2) TEU), empowering the Commission Legal Service with a binding semantic veto for legislative clarity, and deploying AI-assisted consistency tools. Crucially, it replaces individual judicial discipline with accelerated financial penalties on non-compliant Member States under Art. 260 TFEU. By establishing a Supreme Constitutional Chamber within the CJEU, the doctrine transforms EU legal fragmentation into a cohesive, unified supranational order.
Author: el-rakhawi, mohamed kamal arafa
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7213783594