Zasada pierwszenstwa w orzecznictwie wybranych organów konstytucyjnych panstw czlonkowskich UE

• Authors: Brzezinski Piotr

Title variants

EN

PRINCIPLE OF PRIORITY IN DECISION MAKING BY SELECTED CONSTITUTIONAL ORGANS OF THE EUROPEAN UNION MEMBER STATES

• Languages of publication: PL

Abstracts

EN

The aim of the article is to present opinions of the selected constitutional tribunals of the European Union Member States on the relation between the European Union law and the domestic law of those states, especially their constitutions. The subject matter of the work is particularly relevant in the light of changes in the European Union law introduced by the Treaty of Lisbon which, among other things, strengthened the protection of fundamental rights by giving the Charter of the Fundamental Rights, which is not legally binding, the status of primal law. The issue discussed in the article has a descriptive and empiric character. In the light of the latest decisions made by the Court of Justice of the European Union, there are no grounds for a thesis that the primacy of the EU law over constitutional norms may be limited in the future and refer only to the acts issued by the Union organs with satisfactory democratic legitimization, kept within the limits of constitutionally awarded competence. The principle of primacy still has a conclusive character and is a conflicting principle. This means that constitutional tribunals have to remember that their decisions must be in agreement with the EU law.

Keywords

EN

EU LAW; PRINCIPLE OF PRIORITY; USE OF EU LAW BY COURTS

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Oficyna Wydawnicza Uczelni Łazarskiego
• Journal: Ius Novum
• Year: 2010
• Issue: 1
• Pages: 77-102
• Document type: ARTICLE

Contributors

author

Brzezinski Piotr

• Piotr Brzezinski, Wyzsza Szkola Handlu i Prawa im. R. Lazarskiego, ul. Swieradowska 43, 02-662 Warszawa, Poland

Identifiers

CEJSH db identifier

10PLAAAA086319