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CONSTITUTIONAL SUPREMACY IN THE CONTEXT OF THE PRINCIPLE OF PRIMACY OF EUROPEAN UNION LAW

Marius Andreescu () and Claudia Andreescu ()

Fiat Iustitia, 2017, vol. 11, issue 1, 7-19

Abstract: The relation between constitutional rules and European Union Law is construed differently, as there are several doctrinaire concepts and different case-law solutions. There is a school of thought claiming the Constitution’s supremacy, including over European Union law, albeit it accepts the latter’s enforcement priority in its compulsory rules over all the other rules of national law, and another one claiming the unconditional enforceability priority of all provisions in European Union law over all rules of national law, including over constitutional rules. There are European constitutional jurisdictions to have set out they have the legal power to conduct the review of constitutionality of European Union law, incorporated into national legal order, by virtue of the principle of the Basic Law’s supremacy. This study addresses the interferences between the principle of primacy of European Union law and the principle of Constitution’s supremacy with regard to doctrine and case-law pertinent to the matter.

Keywords: Principle of primacy of European Union law; principle of Constitution’s supremacy; binding nature of European Union’s legal standards; review of constitutionality of European Union’s legal acts incorporated into domestic law; Conformity of domestic law with European Union law. (search for similar items in EconPapers)
Date: 2017
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