PLMET:

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Title:

Constitutional courts and European Union law

Creator:

Wójtowicz, Krzysztof

Subject and Keywords:

Constitutional courts ; Constitutional identity ; European Union law ; Primacy ; Review of constitutionality ; Sovereignty ; autonomy of EU law ; ultra vires action ; supremacy of constitution ; fundamental rights ; preliminary reference ; infringement of EU law ; State's liability

Abstract:

The Treaties establishing the basis of the European Union are not its constitution, which would subordinate all other norms binding in the EU territory, while the Court of Justice of the European Union is not a court conclusively adjudicating on the conflicts between EU and national norms. Moreover, constitutions remain legal acts of supreme legal force in the Member States and their observance is as a rule enforced by constitutional courts. Thus a conflict is inherent in the system, but at the same time there are Treaty and constitutional provisions, thanks to which the Court of Justice of the European Union on the one hand and constitutional courts on the other can interpret and apply law to attain common objectives of the integration without undermining fundamental principles of a democratic State ruled by law. The demand supported by the doctrine that the interested courts should conduct a specific “dialogue” by all means deserves praise. Since there is no ultimate mediator, this remains the only way of resolving conflicting situations. Together with the Court of Justice of the European Union constitutional courts should actively create the European legal area. On the one hand, they determine constitutional limits of integration, which should be considered an element of forming constitutional traditions to be taken into consideration by the Court of Justice of the European Union in its case-law; on the other hand, the stance adopted by these constitutional courts which base the relations with EU law on the presumption of compliance of EU law provisions and their interpretation conducted by the CJEU with the values and principles expressed in constitutional provisions should be propagated.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Madejski, Bartłomiej. Tł. ; Wójtowicz, Krzysztof (1947- ). Tł. ; Wieruszewski, Roman. Rec.

Date issued:

2014

Resource Type:

ebook

Format:

application/pdf

Identifier:

ISBN 978-83-61370-94-9

Language:

eng

Relation:

(Scientific Works Faculty of Law, Administration and Economics University of Wroclaw) ; (Series: E-Monografie ; no 49)

WUL Catalog:

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Licence:

Rules of usage of Digital Library of Wroclaw University

Licence text:

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Rights holder:

© Copyright by Krzysztof Wójtowcz ; © Copyright for the English translation e-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego and Krzysztof Wójtowcz

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

TK