NATIONAL AND INTERNATIONAL LEGAL AND CONSTITUTIONAL ORDER. CONVERGENT AND DIVERGENT
The relationship between the national law and the EU law is interpreted differently, there are several doctrinal concepts and different jurisprudence solutions. One school of thought asserts the supremacy of the Constitution, including over EU law, even if it accepts the priority of application of t...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2023-06-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_001.pdf |
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| Summary: | The relationship between the national law and the EU law is interpreted differently, there are several doctrinal concepts and different jurisprudence solutions. One school of thought asserts the supremacy of the Constitution, including over EU law, even if it accepts the priority of application of the latter, in its mandatory rules, over all other rules of domestic law, and another the priority of unconditional application of all the provisions of the EU law compared to all the rules of the internal law, including the constitutional rules.
There are European constitutional jurisdictions that have established that they have the competence to control the constitutionality of EU law, integrated into the internal legal order, by virtue of the principle of the supremacy of the Fundamental Law
The Romanian Constitution enshrines two principles of a different nature and with specific implications whose effects are convergent but also divergent: the supremacy of the Constitution and the priority of EU law.
In this study we analyze the interferences between the principle of priority of EU law and the principle of supremacy of the Constitution with reference to the relevant doctrine and jurisprudence in the matter. |
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| ISSN: | 2068-7796 |