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Constitutional Jurisdictions Between the Supremacy of the Constitution and the Primacy of European Union Law
ISSN: 2367 - 8410
Publisher: author
Constitutional Jurisdictions Between the Supremacy of the Constitution and the Primacy of European Union Law
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 2
Article Transparency Score: 2
Article Operation Score: 3
Article Articles Score: 2
Article Accessibility Score: 2
SUBMIT PAPER ASK QUESTION
International Category Code (ICC):
ICC-1002
Publisher: St. Cyril And St. Methodius University Press
International Journal Address (IAA):
IAA.ZONE/2367118328410
eISSN
:
2367 - 8410
VALID
ISSN Validator
Abstract
The interaction between the national constitutional jurisdictions of the Member States and the Court of Justice of the European Union raises questions that often cannot be answered unequivocally. The focus of this debate is, of course, on the fundamental question of whether European Union law takes primacy over national constitutions. This study presents the jurisprudence of the Court of Justice on the establishment of the principle of autonomy of EU law in relation to the internal law of the Member States in its development, since it is precisely the positions it adopts that allow the Court of Justice to derive the principle of primacy over ‘any provision of internal law’ as a logical and natural consequence of the unique nature of EU law. On the other hand, since this integration activity of the Court of Justice is not the result of a conscious activity of the Member States, legitimated by their constitutions, the inevitable questio...
