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23 SYIL 1 (2019)

handle is hein.intyb/spanyb0023 and id is 1 raw text is: 








                      The   relationship   between legal systems


                          Gil Carlos  RODRIGUEZ IGLESIAS*



1.   I have decided to address the relationships between legal systems as the subject of my
acceptance speech.  Both the choice of subject and how I will approach it are conditioned by
my  professional background,  which  has essentially been shaped by  three main factors: my
status as an international law professor, my specific interest in European Community law, and
my judicial activity over the last 15 years.
    Needless to say, I do not intend to develop or even outline this topic as a thesis, but rather
to lay out a few personal thoughts on it.
    To this end, I will approach the subject successively from four different perspectives: the
traditional perspective of the relationship between international law and domestic law, the
specific perspective of the relationship between European Community   law and  the domestic
law of the Member  States, the perspective of the relationship between international law and
European   Community law, and, finally,   the perspective of the  growing  interrelationship
between  different national and international legal systems.
    Before I begin, I would like to underscore that a key premise of all my thoughts on these
matters is the importance  of legal pluralism or the pluralism of legal systems, which is an
objective state of affairs. In my opinion, one important consequence of this legal pluralism is
that there is not always a single legally correct solution to the conflicts that arise as a result of
the interactions between the different legal systems. Instead there is a plurality of solutions,
in keeping  with the pluralism  of the legal systems, whose  harmonization  or convergence
cannot always be  achieved through legal logic alone. This is something I always stress when
referring to the relationship between European Community   law and the constitutional law of
the Member   States, a passionately contested topic in the literature and one I will return to
shortly.
2.  With  regard  to the classical issue of the relationship between international law  and
domestic  law, the traditional perspective, based on  the divide  in the literature between
monism   and dualism, has given way to a more empirical analysis of the legal reality. This new
approach  makes   it possible to regard today as something  non-controversial  the fact that
international rules are generally received and implemented  in accordance  with each state's
legal system, that the various legal systems provide for diverse solutions in this regard based

   * 1946  2009. Professor of Public International Law and International Relations, Universidad Complutense de
Madrid. Judge (1986 2003) and President (1994 2003) of the European Union Court of Justice.
   This (adapted) article was the Lectio before the University of Oviedo when admitted as Doctor Honoris Causa on 25
May 2001; and it was originally published as 'Discurso de investidura como doctor honoris causa por la Universidad de
Oviedo de Gil Carlos Rodriguez Iglesias, Presidente del Tribunal de Justicia de las Comunidades Europeas pronunciado
el 25 de mayo de 2001',Recista Jurdica EspahiolaLa Ley (2001) 1702-1706. Translated by by Kari Friedenson.

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