1. * Lawyer in the translation directorate of the Court of Justice of the EC, Extra-ordinary (apl.) Professor, Humboldt University at Berlin. This article was written during my time as Global Emile Noel Fellow from Government at the New York University School of Law. I am grateful for very helpful comments on an earlier version of this paper I have received from Mattias Kumm and Michael Wilkinson. The usual disclaimer applies.
2. 2Kumm,op.cit.note 1supra, at 299.
3. 3Kumm,op.cit.note 1supra, at 273.
4. 4Kumm,op.cit.note 1supra, at 279.