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NATIONAL AND INTERNATIONAL LEGAL AND CONSTITUTIONAL ORDER. CONVERGENT AND DIVERGENT.

Authors :
ANDREESCU, Marius
PURAN, Andra
Source :
International Conference: Challenges of the Knowledge Society (CKS); 2022, p206-213, 8p
Publication Year :
2023

Abstract

The relationship between the national law and the EU law is interpreted differently, there are several doctrinal concepts and different jurisprudence solutions. One school of thought asserts the supremacy of the Constitution, including over EU law, even if it accepts the priority of application of the latter, in its mandatory rules, over all other rules of domestic law, and another the priority of unconditional application of all the provisions of the EU law compared to all the rules of the internal law, including the constitutional rules. There are European constitutional jurisdictions that have established that they have the competence to control the constitutionality of EU law, integrated into the internal legal order, by virtue of the principle of the supremacy of the Fundamental Law The Romanian Constitution enshrines two principles of a different nature and with specific implications whose effects are convergent but also divergent: the supremacy of the Constitution and the priority of EU law. In this study we analyze the interferences between the principle of priority of EU law and the principle of supremacy of the Constitution with reference to the relevant doctrine and jurisprudence in the matter. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
20687796
Database :
Supplemental Index
Journal :
International Conference: Challenges of the Knowledge Society (CKS)
Publication Type :
Conference
Accession number :
164727878