Results 11 to 20 of about 1,601 (301)

Heavy clouds, no rain. Unmasking the Polish Constitutional Tribunal challenging the primacy of the EU law and the Court of Justice in case K 3/212 [PDF]

Krytyka Prawa
In 2021, the Polish Constitutional Tribunal (unconstitutionally composed) dropped a judicial bomb on the primacy of the EU law, a judicial dialogue with the Court of Justice, and a mechanism for providing the rule of law conditions by the Member States ...
Michał Ziółkowski
doaj   +2 more sources

Reflections on Slovak Customs Legislation From the Perspective of the EU Customs Union

Financial Law Review
The customs law system within the EU Customs Union is characterized by the coexistence of EU law and national legislation respecting the primacy of EU law.
Adrián Popovič, Soňa Simić
doaj   +2 more sources

Limiting the ‘Counter-limits’: National constitutional courts and the scope of the Primacy of EU Law [PDF]

, 2018
This paper examines in a comparative perspective the jurisprudence of several EU Member States’ constitutional courts concerning the limits of the primacy of EU law. It aims to demonstrate that significant similarities can be found in this body of case law and, drawing from these similarities, it proposes some guidelines for a cooperative and loyal ...
Paris, Davide
openaire   +3 more sources

EU law, down to earth

European Law Open, 2022
The emergence and consolidation of European Community law (later European Union law) was rendered possible by key legal and political actors drawing a map of supranational law with the key concepts of direct effect, primacy and uniformity. The underlying
Antoine Vauchez
doaj   +1 more source

Organizacja administracji ochrony środowiska w Polsce i Unii Europejskiej

Studia Ecologiae et Bioethicae, 2014
The organization of environmental protection in Poland and the European Union is a mutual connection of competencies and a correlation of systems and rights according to national and EU laws.
Maciej Jabłoński
doaj   +1 more source

The Evolving Doctrine of Primacy [PDF]

, 2022
Primacy of EU law is the fundamental principle of law on which full and uniform application of EU law, the rule of law among it, is based on. Primacy has no explicit statutory basis but is founded on the case law of the Court of Justice of the European ...
Hietanen, Ari
core  

Judicial Review of Administrative Action at National Level under the EU Charter of Fundamental Rights and General Principles of EU Law

Central European Public Administration Review, 2020
This article aims to determine when the national authorities have the obligation to comply with EU fundamental rights, in the framework of administrative procedures carried out in the EU Member States.
Mihaela Vrabie
doaj   +1 more source

National identity as a path towards the compatibility of the opposite standpoints

Vilnius University Open Series, 2020
Both the unconditional primacy of the EU law (even over all the national constitutional norms), and the supremacy of any national constitutional rule over EU law, couldn’t be considered as a solution to the accommodation of the constructive interaction ...
Paulius Griciūnas
doaj   +1 more source

The European Union and the Search for an International Data Protection Framework

Groningen Journal of International Law, 2014
The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of ...
Christopher Kuner
doaj   +1 more source

National and Constitutional Identity in the Case Law of the Court of Justice of the European Union

Bratislava Law Review, 2017
The aim of this paper is to determine the position of the CJEU towards the national identity with regard to its case law and whether the Court gives preference to the national identity or to the primacy of EU law during the balancing between the ...
Ondrej Hamuľák, David Kopal, Tanel Kerikmäe   +2 more
doaj   +1 more source