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- Title
Belgium: The Limits of Constitutional Dialogue for the Prevention of Reverse Discrimination Constitutional Court, Judgment 11/2009 of 21 January 2009.
- Authors
Van Elsuwege, Peter; Adam, Stanislas
- Abstract
The article discusses the decision of the Belgian Constitutional Court on a long-lasting conflict over the conditions of the Flemish Community's health care insurance initiative on January 21, 2009. It highlights the discussion between the court and the European Community (EC) law concerning the constitutional liberty of its members. It also notes that the combination of the Belgian regulations and EC law has resulted to a situation called reverse discrimination because of the division of competences between them.
- Subjects
BELGIUM; LEGAL judgments; CONSTITUTIONAL courts; CONFLICT management; HEALTH insurance laws; EUROPEAN Community; CONSTITUTIONAL law; REVERSE discrimination; LEGAL pluralism
- Publication
European Constitutional Law Review, 2009, Vol 5, Issue 2, p327
- ISSN
1574-0196
- Publication type
Article
- DOI
10.1017/S1574019609003277