THE CONSTITUTIONAL COURT BEFORE THE PRINCIPLE OF PRIORITY OF THE COMMUNITARIAN RIGHT (ANALYSIS OF THE CONSTITUTIONAL JURISPRUDENCE WITH RESPECT TO THE COMPATIBILITY OF THE PRIORITY PRINCIPLE WITH THE CONSTITUTION OF THE SPANISH NATION OF 1978)

Authors

  • Germán M. Teruel Lozano
Keywords: Primacy principle, Supremacy, The Constitucional Court, Community Law, The European Court of Justice, Declaration 1/2004, Declaration 132-bis/1992.

Abstract

The objective of this study is to analyze and to assess the jurisprudence of the Spanish Constitutional Court about the compatibility of Primacy principle of Community Law with the Spanish Constitution of 1978. The paper pays special attention to the Declaration about the European Constitution (1/2004), that implies a radical change from the previous decisions of the Constitutional Court, especially with respect to the Declaration on the European Union Treaty (132-bis/1992). Since the 2004 Declaration, the Constitutional Court admits a possible "displacement" of constitutional rules on behalf of community law, that would be applied with preference over the national constitution.

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Author Biography

Germán M. Teruel Lozano

The objective of this study is to analyze and to assess the jurisprudence of the Spanish Constitutional Court about the compatibility of Primacy principle of Community Law with the Spanish Constitution of 1978. The paper pays special attention to the Declaration about the European Constitution (1/2004), that implies a radical change from the previous decisions of the Constitutional Court, especially with respect to the Declaration on the European Union Treaty (132-bis/1992). Since the 2004 Declaration, the Constitutional Court admits a possible "displacement" of constitutional rules on behalf of community law, that would be applied with preference over the national constitution.
How to Cite
Teruel Lozano, G. M. (2006). THE CONSTITUTIONAL COURT BEFORE THE PRINCIPLE OF PRIORITY OF THE COMMUNITARIAN RIGHT (ANALYSIS OF THE CONSTITUTIONAL JURISPRUDENCE WITH RESPECT TO THE COMPATIBILITY OF THE PRIORITY PRINCIPLE WITH THE CONSTITUTION OF THE SPANISH NATION OF 1978). Annals of Law, 24, 319–352. Retrieved from https://revistas.um.es/analesderecho/article/view/57991
Issue
Vol. 24 (2006)
Section
Aula y Práctica
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