The search for constitutional limits of european integration
DOI:
https://doi.org/10.51302/ceflegal.2011.12363Keywords:
constitutional limits, controlimiti, European Union, European Court of Justice, constitutional courtsAbstract
As we know European Court of Justice has defined that relations between European Union Law and national law are governed by the primacy principle of European Union Law. Nevertheless, the formal authority that can hold European Union law will not depend exclusively on European Court of Justice Jurisprudence, because is conditioned largely by the characteristics of each national legal system and national supreme or constitutional courts Jurisprudence.
In fact, in most of EU Member States, mainly in their constitutional or supreme courts Jurisprudence, we can fin certain constitutional reserves or limits to accept the primacy of European Union Law. The purpose of this paper is to examine the origin and development of these reserves as constitutional limits to European integration, and to make a small overview of the current status of these limits, to understand better the relationship between the higuest courts of EU Member States and European Court of Justice in a multilevel legal system.