TY - GEN A1 - Wójtowicz, Krzysztof A2 - Madejski, Bartłomiej A2 - Wójtowicz, Krzysztof A2 - Wieruszewski, Roman PB - E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego N2 - 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. L1 - http://repozytorium.uni.wroc.pl/Content/63576/PDF/Constitutional_courts.pdf CY - Wrocław L2 - http://repozytorium.uni.wroc.pl/Content/63576 PY - 2014 KW - Constitutional courts KW - Constitutional identity KW - European Union law KW - Primacy KW - Review of constitutionality KW - Sovereignty KW - autonomy of EU law KW - ultra vires action KW - supremacy of constitution KW - fundamental rights KW - preliminary reference KW - infringement of EU law KW - State's liability T1 - Constitutional courts and European Union law UR - http://repozytorium.uni.wroc.pl/dlibra/publication/edition/63576 ER -